Legal Question in Personal Injury in California
What are my legal rights?
I recently went to a motel to enquire about some work. The owner was talking to some tenents and as I waited I over heard the owner telling the tenents that the tile in the pool was busted and they would have too come up with $150.00 to fix it. I told the owner I could fix it cheaper then that. he told me too shut up and mind my own businessand then proceeded to shove me and tell me to leave. As I was turning around he pushed me and I turned back around and told him not to put his hands on me again. he grabbed a shovel and hit me in the head and as I blocked he hit me in the right thigh area and I pushed him into the pool the police were called and now I have a court date. can I sue this owner? he left huge bruises on my leg and head I took pictures but the police didn't. will these count in court? what if I lose the case, can I still sue? thank you
3 Answers from Attorneys
Re: What are my legal rights?
Sounds like you have a good personal injury case, so you should get an attorney and pursue it. Even if the criminal case does not result in conviction of the attacker, you can still successfully pursue your civil case. Call if interested. 714-960-7584
Re: What are my legal rights?
I imagine that the tenants were still there to witness what happened, in which case you will need them to testify on your behalf re: the shovel and re: the fact that you did nothing physical before you were (a) first shoved; and (b) pushed; and (c) hit in the head with a shovel, according to your message.
The obvious defense for the owner is that he acted in self-defense... and without witnesses, you will have a very difficult time proving your case (the burden of proof is on you, not the owner).
Re: What are my legal rights?
You can and should sue the owner. As for your court date, be sure you have an attorney. Try the public defender.