Visiting a store is a daily occurrence for many people, whether it’s to buy a cup of coffee or pick up last minute supplies for their family. A lot of these are locations by a major retailer, but some stores are small businesses that are unknown outside of your neighborhood or city. No matter the type of store, you expect courteous and professional treatment as a customer, but of course, that’s not always the case. Sometimes, there are disagreements between workers and customers, or between two customers. Before these issues can escalate into a physical altercation, a manager or store owner must attempt to diffuse the situation.
However, it may be the store owner that a customer is having problems with. In that case, what do you do if you are physically assaulted by the owner? If you have been victimized in this manner, it’s essential to speak to a lawyer with experience in these cases. You may have the right to seek monetary compensation through an assault and battery lawsuit, which we can discuss with you during a free consultation. To speak with an assaulted by store owner lawsuit attorney, contact DLTA Law Group.
Definition of Assault and Battery
This is a term most of us are familiar with, but many are not aware that “assault” and “battery” are separate offenses. To understand why they are used together, let’s first look at the definition of assault. The act of assault refers to causing or trying to cause the fear of imminent harm, like threatening to hit someone or holding up a weapon (or implying that you have one).
Battery, on the other hand, is the actual use of physical violence. Generally, this is the point where assault (threats or threatening behavior) escalates into a physical altercation. That’s why the two words – assault and battery – are used together in most instances of fights between two or more parties. Depending on the level of harm to the victim, the perpetrator may be charged with simple battery or aggravated battery.
Aside from being criminal offenses, assault and battery can serve as grounds for a lawsuit by the injured victim. Thus, it’s important to develop the best legal strategy for justice with help from a California assault and battery lawyer. You have the option of seeking monetary compensation, as well as criminal prosecution, but these actions must be filed separately. However, there is no specific order in which they must be filed, so it’s really a matter of doing what is best for you and your own circumstances. The personal injury attorneys of DTLA are here to advise you if you’ve been assaulted at a store. Contact us immediately to schedule a free case review on your rights and legal options.
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Bodily Harm from an Assault and Battery Incident
To understand why legal action is so important in these cases, let’s take a look at the injuries you can end up with if you are physically assaulted by a store owner:
- Broken facial bones
- Traumatic brain injuries
- Fractured ribs
- Punctured or ruptured internal organs
- Scars and other forms of disfigurement
- Injury to the neck, back, or spinal cord
- Deep cuts that may become infected
- Breathing problems from a broken nose
- Dislocated joints
- Paralysis
- Coma
Being attacked also leaves you with emotional injuries that will negatively affect many areas of your life, like interacting with new people, going to public places, and performing your job duties. Psychological damage from assault and battery includes flashbacks, sleep disorders, severe anxiety, and other symptoms of post-traumatic stress.
Can I Sue the Store Owner that Assaulted Me?
Yes, it’s possible to sue the store owner that assaulted you and receive compensation for your harm and suffering. There are, of course, situations where physical force by a store owner against someone else is justified. If someone is trying to hurt them, for example, they have a right to defend themselves. Or, they may be trying to defend a customer or one of their employees, who is being assaulted.
What matters here is whether physical violence was necessary given the situation, as well as the actions that were taken by the store owner. For example, if a customer is yelling insults at the store owner, that would not give them legal justification to punch them in the face or forcibly shove them out the door. Store owners and employees may also use excessive force, like chokeholds, baseball bats, and firearms, instead of using other reasonable means.
Frankly, incidents of assault and battery are extremely complex, with various nuances that vary from case to case. Determining liability and holding he store owner responsible is a complicated process, which is why you should work with a lawyer that’s experienced in California’s assault and battery laws.
What is the Average Settlement for Assault and Battery?
Each assault and battery incident involves different circumstances that are used to determine the total amount that should be paid to the victim. Thus, it’s really a matter of figuring out what you deserve, based on your injuries and what they’ve taken away from your life. However, there’s no denying that these are incredibly traumatic incidents, to your mind as well as your body. Case values of $500,000 and above are not unusual with these lawsuits, and many cases fall within the range of $1,000,000 to $3,000,000.
Your settlement in a lawsuit against the store owner includes economic and non-economic damages, such as:
- Medical expenses, including lifetime care costs for severe injuries
- Lost wages and/or loss of earning capacity
- Mental anguish
- Pain and suffering
- Loss of consortium
- Property damage
- Legal fees
- Punitive damages
An assault and battery attorney at our law firm can help you figure out the damages you are entitled to. For a detailed discussion on the approximate value of your case, please schedule a free case evaluation by contacting our office.
What is the Estimated Length of Time to Settle these Cases?
How long it takes to settle an assault and battery case depends on many issues that may come up during the settlement process. It can also take several weeks to hear back from an insurance company, so at least several months of back-and-forth negotiations are necessary to secure the payment you deserve. However, assault and battery lawsuits are typically high value cases, which means it can take one or more years to reach a settlement. It’s more than likely that we can work out a fair amount of damages with the insurance company, but if court intervention is required (going to trial, for example), an assault and battery against a store owner can take up to several years.
What is the Statute of Limitations for an Assault and Battery Lawsuit?
If you are seeking compensation as someone that was assaulted, you have two years from the incident to file a lawsuit. There may be exceptions that can provide you with additional time, like if your injuries were serious enough to the point where you are unable to take legal action. In that case, the statute of limitations may be tolled to account for the time you were incapacitated. However, these circumstances are rare, and most people will have to file their claim within the 2-year window.
To ensure that you do not miss the deadline for an assault and battery lawsuit, call us right away and speak to a member of our legal team.
Take Advantage of the Zero Fee Guarantee
Our law firm provides all clients with the Zero Fee Guarantee, which is a policy that makes all legal services free to you from the moment you speak with one of our attorneys. We cover all the costs associated with your claim and wait till your settlement is finalized to receive our payment. What happens if we don’t win your case? The Zero Fee Guarantee ensures that you can walk away without having to pay a single cent in legal fees.
DTLA Law Group offers initial consultations for new claimants, as well as free second opinions. So, if you have an existing assaulted by store owner injury case, don’t hesitate to give us a call. We are happy to answer your questions and provide solutions to any of your concerns.
Let us fight for you and the justice you deserve as a victim of physical violence by a store owner. Contact us 24 hours a day, 7 days a week to schedule a free case review.
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