San Francisco Physical Assault and Battery Injury Lawyers

Cartwright - September 15, 2020 -

Holding Attackers Accountable for the Injuries They Cause in San Francisco

When you think of a personal injury case, you might first think of claims stemming from car accidents or other accidental injuries. However, some injuries are caused by intentional misconduct or violence on the part of an attacker, such as assault and battery. Victims of such criminal conduct also have the right to hold the responsible parties liable for their injuries and losses. 

Not only is it traumatic to be a crime victim, but the recovery process from your injuries can be long and difficult, as well as a constant reminder of what you had to go through. It is important to know your rights as a victim of violence and to seek the right legal help from the right compassionate San Francisco assault and battery attorneys. Contact The Cartwright Law Firm, Inc. for help right away. 

Civil Claims vs. Criminal Charges 

After an assault and battery, you should immediately report what happened to the police. This helps the police department apprehend your attacker to prevent further violence and harm, and it also serves as a record of what happened for the purposes of a later injury claim. If police officers are able to find the attacker and arrest them, the prosecutor will likely issue criminal charges. 

Some criminal acts that can result in both criminal and civil cases include:

  1. Simple assault
  2. Simple battery
  3. Domestic violence
  4. Vehicular assault
  5. Assault with a deadly weapon
  6. Battery causing serious bodily injury
  7. Sexual assault 
  8. Sexual battery

You might expect that a criminal case will take care of you as a victim, though this is not usually the case. The court might offer help from the Victim Compensation Board or might order the assailant to pay restitution. However, these methods of compensation are almost always inadequate to cover your losses. Instead, it is often necessary to file a separate action in civil court to recover for all of your damages, which might include:

  1. Past and future medical bills
  2. Past and future lost income
  3. Physical pain and suffering
  4. Emotional trauma
  5. Permanent injuries

Proving Your Claim

When you file a civil injury claim following assault and battery, you still must prove liability for your injuries, just like any other type of injury claim. If your attacker was convicted of a criminal offense related to your injuries, you can use this conviction as sufficient proof of their liability. 

However, it is possible to prevail on an injury claim in civil court even if no criminal conviction occurred – or even if no criminal charges were filed. This is because the burden of proof is lower in civil court than it is in criminal court. 

Seek the Help You Need from our San Francisco Physical Assault and Battery Lawyers

If you were attacked and suffered serious injuries, a San Francisco assault and battery injury attorney from The Cartwright Law Firm, Inc. can help. Contact us online or call (415) 433-0444 to learn how we can stand up for your rights. 

 

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Robert E. Cartwright Jr.
Founder and Managing Partner

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