Were you physically assaulted by a delivery driver for FedEx? This sounds like an unlikely incident, but there are cases of delivery workers getting into fights with customers – ones that are more than verbal arguments. Of course, these situations normally start out as an exchanged of heated words, but they can sometimes escalate to physical incidents where a driver puts their hands on someone without legal justification (trying to defend themselves from an attack, for example).
So, what can you do when you are assaulted by a FedEx delivery driver? That’s the subject we will cover in this article, which is meant to give you an overview of your rights as an assault and battery victim. Keep in mind that we can only cover the basics, and each case has unique details that require examination by an experienced attorney. For a free consultation on what to do you if you are attacked by someone making deliveries for FedEx, contact us today.
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Who can I Sue if I was Beaten Up by a FedEx Delivery Driver?
The obvious answer to this question is the driver, as they are not the person that actually attacked you. But you may also have a claim against FedEx, the company that employed the driver. Under California law, an employer is liable for certain actions committed by their employees within the course of their job duties. For example, if a delivery worker drives carelessly and hits another car, the victim can file a claim with FedEx for medical expenses, property damage, and other types of compensation.
The same principle may apply to an incident of assault and battery, though you will need to prove some degree of negligence by the employer. One example that we see most often is a company’s failure to take customer complaints seriously. By the time a client comes to us for assault by a delivery driver, it’s more than likely that the assailant has a history of violent behavior. Through our investigation, we find that there were prior incidents of verbal and physical assault, or disturbing behavior that is not allowed according to the company’s rule of professional conduct for their employees.
In spite of these issues, employers may be slow to fire the worker or issue any type of punitive measures. As a result, the employee gets away with their behavior again and again, until there is an incident where someone is seriously injured. Keep in mind that this is just one form of negligence that may be involved when a FedEx delivery driver assaults someone. We also have to look at negligent hiring practices, inadequate training, and other issues that can serve as grounds for an assault and battery lawsuit against FedEx.
Since there is a lot of ground to cover, we suggest that you contact us right away and speak with a member of our legal team.
How Much are these Cases Worth?
Due to the severity of injuries that typically result from being assaulted, these cases are worth $100,000 to $500,000 on the lower end, though many of our clients have received settlements that exceeded $1,000,000. Some people who ended up with disability from permanent injuries had cases that are worth over $3,000,000. Injuries, by the one, include emotional trauma as well as bodily harm. A physical attack is extremely damaging to your mental state, and most of our clients struggle with issues like panic attacks, insomnia, anger management, and poor work performance. So, you may qualify for non-economic damages, like emotional distress, which can add a significant amount to what you are owed from a lawsuit against FedEx.
If you would like more information on the value of a FedEx driver assault and battery claim, call us to schedule a free case evaluation.
What is the Expected Amount of Time to Reach a Settlement?
There is no specific amount of time to settle a case, though assault and battery lawsuits often take between 1 and 2 years. It’s possible that your case will settle in 6 months or less, but this is highly unlikely if you have serious injuries. Plus, you are going up against FedEx, one of the world’s largest and most famous corporations. They may be quick to offer you money, but it won’t be anywhere close to what you actually deserve. The key is to refuse the initial offer and negotiate back and forth with the insurance company until they offer a fair amount of compensation. Due to the clever tactics used by these companies, it will be very hard to succeed in an assault and battery claim without an attorney by your side.
To seek help from a lawyer that can help you sue FedEx for assault and battery by a delivery driver, reach out to us today.
If I Want to File a Lawsuit, What is the Deadline?
In California, claims for physical assault have a deadline of 2 years, starting from when the incident occurred. This is a firm deadline except in rare cases, like the victim being physically incapacitated to where taking any kind of legal action was impossible within the 2-year statute of limitations. Or, if you were a minor (younger than 18) when you were attacked by a FedEx driver, you have 2 years from your 18th birthday to file a lawsuit. As you can imagine, most people will not qualify for an extension if they are more than 2 years from the date of being assaulted by someone that works for FedEx.
Please take a moment to contact our office and learn how you file an assault and battery lawsuit.
Zero Fee Guarantee
The Zero Fee Guarantee at Normandie Law Firm provides you with free legal services if you are a victim of assault and battery. How does it work? We agree to take your case on contingency and charge you $0 if you decide to hire us for a lawsuit. That means we demand the cost of legal fees from the negligent party, who will include these expenses in your settlement check. Under this system, there is no cost to you whatsoever, since our payment is based on winning your case.
For a free case review with a FedEx driver assault and battery lawyer, contact our office at your earliest opportunity.
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