Legal Question in Personal Injury in California

Re: battery arrest assettes homeowner ins

I would say that you may be very liable. If the D.A. has not filed charges as of yet, it my mean that his investigation might be ongoing, so you may not be out of the woods. In any event, I would consult with a lawyer as soon as possible. Please note that I do not involve myself in such cases, so I am not the right person to contact.

Good luck.

Re: battery arrest assettes homeowner ins

You are in a heap of doo doo. You will likely get sued for a lot of money, and they will win, since you had no justification for causing such a great injury in retaliation for a verbal insult.

Re: battery arrest assettes homeowner ins

I would be very cautious about posting further information on the internet. Since your zip code is visible, it's possible for an investigator to track your identity. Such posts could constitute admissions which would not be in your best interest.

Your best bet is to be silent about the situation on the internet, and consult with criminal and civil attorneys immediately. You also might enroll immediately in an extensive anger management course to show that you're remorseful and are getting help. Have no further contact with the man whom you injured.

Re: battery arrest assettes homeowner ins

If you were sued, then your homeowner's insurance will not defend you for a tort. The D.A. has one year to prosecute. Get a consultation. Contact me directly.

Re: battery arrest assettes homeowner ins

Dream on. It is almost guaranteed you will be charged and prosecuted for your 'wrongdoing', i.e. the crime you committed. The victim can also sue you, and probably will.

Re: battery arrest assettes homeowner ins

You can't be serious. Of course you're liable. One of the reasons we have laws in the first place is to prevent people from taking matters into their own hands when they feel they have been harmed. What you did is a prime example of why the legal system exists.

Physical violence is *never* justified in response to a mere insult. The fault here is yours, not the other man's. Making matters worse for you is that this beating wasn't a spontaneous reaction on your part. You evidently planned this attack, since you went to the other man's house in order to carry it out. At a minimum you had time to reflect on what you were going to do. This was a premeditated battery, possibly accompanied by other crimes (including burglary if you entered the house with the intent to do this).

Your post doesn't say whether the other man already had his brain injury and disability before you beat him or whether you caused those injuries. If you caused them, you should expect to spend several years behind bars and to be sued for a very large amount of money.

That you haven't been charged yet does not mean you're in the clear. The D.A. has plenty of time to charge you before the limitations period runs out.

Your subject line mentions homeowners' insurance. Such insurance only covers unintentional conduct. The law forbids insurance to cover intentional conduct, since such insurance would remove or reduce the financial incentive to not harm others.

Re: battery arrest assettes homeowner ins

Dream on. It is almost guaranteed you will be charged and prosecuted for your 'wrongdoing', i.e. the crime you committed. The victim can also sue you, and probably will.