Assault and Battery Lawyer in Los Angeles
Attorneys for Assault & Battery Victims
At MKP Law Group, LLP, our attorneys are experienced in fighting for victims of assault and battery. For years, we have fought on behalf of clients who have suffered injury from the emotional and physical trauma of these attacks. We realize that it can be difficult to afford a quality and experienced assault and battery lawyer, so we always work on what is known as a contingency fee basis, meaning WE DON’T GET PAID UNLESS WE WIN.
There are no upfront, out-of-pocket costs to our clients. Our experienced attorneys advocate for and represent victims of assault and battery cases. We have recovered millions on behalf of our injury clients and will fight hard on your behalf to ensure you get maximum compensation for your injuries.
We want to help you recover and manage the significant financial, physical, and emotional challenges that accompany your injuries. Our Los Angeles battery and assault injury lawyer group works with a team of specialized medical experts throughout Los Angeles and California to ensure that you or a loved one receives top-notch medical care for a speedy and healthy recovery while we deal with the case.
ARE YOU OR A LOVED ONE CURRENTLY A VICTIM OF ASSAULT OR BATTERY? IF SO, CALL US IMMEDIATELY AT 310-285-5353.
If you decide to move forward with working with our team at MKP Law Group, LLP, a skilled attorney for assault victims will be assigned and dedicated to your case.
Our team represents injury victims throughout the state of California. We at MKP Law Group, LLP strive to make the process and legal procedures as easy as possible for you. For experienced, attentive, dependable, and tenacious representation call us today at 310-285-5353 to schedule your 100% free consultation.
Why You Need an Assault and Battery Lawyer in Los Angeles
Has someone intentionally threatened to injure you, menaced you, physically injured you, or traumatized you by suggesting violence?
If so, you are a victim of assault and, possibly, battery, and you have legal rights.
Victims of battery and assault don’t only suffer physical damages. Often, there is severe psychological and emotional trauma that can be even more damaging and lasting.
This unlawful trauma is wrong.
Most victims of assault and battery wrongly believe that criminal prosecution against the individual who committed the assault or battery is the only justice afforded to them. Victims are often surprised to learn that they can file a civil suit, in addition to the criminal case, against their attacker.
At our law firm, we want to be the people to help you through this difficult time and right those wrongs.
Victims have the right to receive damages following these crimes So, if you or a family member is the victim of an assault and battery case, you need to contact MKP Law Group, LLP in Beverly Hills today. Our attorneys are ready to vigorously pursue justice for you.
California Law: Differences Between Assault and Battery Cases
Assault and battery are often used interchangeably but they are actually distinct legal concepts and are treated as separate causes of action under California law. Both are types of intentional torts, which are distinct from negligent torts where the wrongful actor’s conduct is unintentional, but they deal with two different types of wrongful conduct. Intentional torts require the plaintiff to prove that the defendant intentionally tried to harm the victim.
Here are the descriptions and some examples of assault and battery:
Assault: Assault is an intentional act that causes fear of impending harm. There does not need to be actual, physical contact in order for a victim to bring a lawsuit for assault. An example of an assault would be someone pointing a gun at you, or raising their fists and threatening to hit you. The threat of physical contact can be real or implied.
Battery: Battery occurs when there is actual physical contact that causes bodily harm. If an assault is the threat of harmful contact, the battery is the actual harmful strike or contact. Almost every battery also entails an assault, and both are intentional acts. Common types of battery include
Common Arguments of Assault and Battery Defendants
There are arguments that defendants, the person accused of committing an assault or battery, can make that serve as valid excuses for their conduct.
Common defenses and situational examples of assault and battery cases include:
Consent: If the victim of an assault or battery agreed to the harmful or offensive contact beforehand then they will likely lose their assault and battery case.
Example: A boxer who agrees to a fight consents to the possibility of being injured during the boxing match and therefore cannot sue his opponent for any damages sustained in the fight.
Privilege: Privilege is a right or advantage gained as a result of a position.
Example: Police officers attempting to break up a fight or enforce an arrest warrant may technically commit an assault or battery through their use of force, but their actions would be considered privileged if they used a reasonable amount of force during the course and scope of their employment. However, an off-duty officer who gets into a fight unrelated to their official duties would not be able to claim the defense of privilege.
Self-Defense/Defense of Others: If a person is acting in self-defense or in the defense of others in responding appropriately to a threat of harm, such actions may absolve the actor of any liability for an assault or battery.
The use of force must be reasonable, meaning it is not excessive and was done in response to a real threat of danger.
Multiple Party Assault and Battery Cases
There may be instances where there are multiple parties that can be held responsible for injuries sustained in an assault or battery.
The most obvious defendant in an assault or battery case is the individual person who commits the act of violence or threatens to commit violence. However, third parties like businesses, bars, and other businesses may also be liable for injuries sustained in an assault and battery if they failed to provide adequate security or otherwise reduce the risk of an attack.
Do Assault and Battery Cases Go to Civil or Criminal Court?
Oftentimes the person committing an assault or battery can face two lawsuits simultaneously, a criminal case and a civil case.
The definitions of assault and batteries differ state-to-state but each is a crime that can be prosecuted by the state seeking to impose criminal charges on the wrongful actor.
A civil case, brought by the victim of an assault or battery, can be filed in civil court and occur at the same time as the criminal case. Unlike a criminal case that deals with criminal charges, a civil case brought by the victim is to recover monetary damages to compensate the victim for injuries and losses caused by the assault or battery.
While it is the state that determines whether to bring a criminal case, the victim gets to decide whether to bring a civil suit for damages stemming from an assault or battery, usually by hiring an assault and battery lawyer.
Civil cases and criminal cases have different burdens of proof. The burden of proof is the level of proof a party must establish in order to win their case.
The burden of proof in criminal courts is beyond a reasonable doubt, which is a much higher burden to satisfy than the civil standard of preponderance of the evidence. The preponderance of the evidence is met whenever the party demonstrates by more than a 50% chance that the defendant committed or intended to commit the assault or battery.
What Damages Can Attorneys Recover for Battery and Assault Victims?
Assault and batteries can produce serious physical injuries that can last a lifetime, as well as serious psychological trauma.
Common injuries sustained by victims in an assault and battery include:
- Fractured bones
- Back & Neck Injuries
- Torn Ligaments
- Traumatic Brain Injuries
The damages that a victim of assault or battery can recover are the same types of damages that can be recovered in any personal injury case which include the following:
- Medical Expenses: Victims are entitled to full reimbursement for all medical bills and expenses stemming from an assault and battery including ER bills, prescription drug costs, physical therapy, expenses for medical equipment and devices. Victims can recover damages for future medical bills as well.
- Lost Wages/Earnings: If the victim missed work and lost income as a result of the assault or battery they can recover those lost earnings in a civil lawsuit. These damages include the loss of future wages, or diminished earning capacity, as well as for actual, past lost wages.
- Pain & Suffering: Pain and suffering, or general damages, are not quantifiable with an exact dollar amount. Instead, they stem from the loss of enjoyment of life, physical pain, and suffering, inconvenience, difficulty performing daily activities or household tasks, loss of dignity, and inability to engage in hobbies or recreational activities.
- Punitive Damages: Punitive damages are only awarded in extreme cases where the defendant acted with malice, oppression, or reckless disregard for the safety of others in order to punish the defendant and deter similar, future behavior.
Contact MKP Law Group, LLP Today for Your Own Attorney for Assault Victims in Los Angeles
MKP Law Group, LLP is here to stand up to those who break the law and cause trauma and injury.
We represent battery and assault victims and will stand by them to ensure they get the compensation they deserve for their injuries.
Choosing one of our assault and battery lawyers in Los Angeles will provide you with a dedicated team who will work tirelessly to win your case. Unlike many law firms, we exclusively handle personal injury cases and we have a proven track record of obtaining results for our clients. We know how to aggressively deal with cases involving physical, emotional, and traumatizing abuse in order to obtain optimal settlements.
When the at-fault party is not willing to accept responsibility for their negligence, MKP Law Group, LLP has a team of experienced trial attorneys who will hold the at-fault party responsible in a court of law. If you, a loved one, or someone you know has suffered from battery or assault, call MKP Law Group, LLP today at 310-285-5353 to schedule your free consultation.
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