Legal Question in Personal Injury in California
I am a flight attendant and I was assaulted by a passenger in January. I pressed criminal charges and I believe he has please guilty to that but I don't know all the details as of yet. I want to file a lawsuit to seek damages, but I have no idea how to do it. It was in an airplane, so I dont even know if I can get a lawyer in California where I live because I think he was arrested in Texas when we diverted to Amarillo.
2 Answers from Attorneys
You can file a Worker's Compensation case against your employer for all work-related injuries including emotional distress. You are entitled to ongoing treatment, temporary disability and a settlement for all permanent disabilities and future medical treatment. Please feel free to call my office at 213-388-7070 for a free consultation.
In addition to Mr Moheban's response, since you filed a criminal complaint, the prosecutors in that case could/should have contacted you for your witness statement of events and damages, and then sought an order for 'restitution' to be paid by the criminal defendant. If the case is over, as you seem to indicate, then that process was apparently not followed as part of the plea bargain or sentencing. You could contact the prosecutor's office in that case to inquire what happened and whether you are entitled to restitution.
To file a PI case, you will probably need to consult with, as a starting point, a CA PI attorney to check the issues of the 'legal' location of event, residence of the defendant, compensable damages, etc., to determine where such case must be filed. He could help you locate an attorney in some other state if that is where it must be filed, or if it could be filed in Federal Court, and where.
Had this happened 'on the ground', the answers would be easy.