On March 29th, during the opening day baseball game at Dodger Stadium, a disturbance was caught on video that depicts numerous security personnel and Los Angeles Police Department offices harming an individual as they took him into custody.
The individual in question, Franco Rodriguez, states that 10 officers were kicking, kneeing, punching, and shoving him. According to police, Rodriguez was the intended target of a citizen’s arrest that was called in by a private citizen. He was not, by his own admission, inebriated; he had witnessed officers allegedly harassing another fan, and it was at that point, he claimed, that he was targeted by the police. There is a dispute between the two parties, but Rodriguez hopes that the video evidence will prove his innocence.
There was a battery report filed against Rodriguez for his behavior, as per the city’s attorney office. He maintains his innocence and has had his injuries photographed as additional evidence of the beating. Rodriguez stated that he wants to hear their side of the story in the same way that he wants them to hear his account.
The Dodgers have stated that they are also investigating the matter, but no other information about security personnel or the reasons for the altercation has been released.
Lawsuit Information for Victims of Assault and Battery
If you have been intentionally harmed by another individual or group of individuals, you may be able to file an assault and battery claim to receive financial compensation. Assault and battery do not necessarily include physical contact, but in many cases, you will suffer some form of physical harm.
Security personnel at events routinely have to use force to keep order due to the high concentration of inebriated individuals. Sometimes, these individuals can get out of hand, and personnel need to restore order however they can. If you are caught in the middle and are roughed up by a security guard or police officer, you should obey as best you can to avoid further injuries. If you have the ability to acquire evidence, you should do so, whether in the form of another individual recording the encounter or expressing that you are in control of yourself and should not be mistreated.
Unfortunately, it can be difficult at times to file an assault and battery case, especially if the defendant is a security guard or a police officer. The defense might include “privilege,” which states that these individuals have the ability to make arrests with some use of force, provided the force is not unreasonable or excessive. Video evidence can come in handy during disputes involving privilege.
For more help, contact an experienced lawyer who handles assault and battery cases.
Statute of Limitations
In California, the statute of limitations for filing an assault and battery lawsuit is two years from the date of the incident. This means that if you wait longer than two years, you will very likely be unable to pursue legal action. However, if the defendant is a government official, such as a police officer, that statute of limitations is reduced to six months from the date of the incident.
Statutes of limitations exist so that claims are handled quickly and without wasting time. In many cases, the longer you wait, the more likely it is for evidence to become corrupted or lost, for witnesses to no longer remember details, and for the defendant to no longer be present.
There are exceptions to the statute of limitations, however, and your attorney can assist you in receiving extensions. For example, if you were a minor at the time of the incident, the deadline to file a claim would not begin until you reach the legal age of eighteen. If the defendant fled the state, the statute would not start, or would resume, until he returns. Further, if you were physically or mentally unable to file a claim because of injuries or the effects of the assault, the time limit could be extended.
With the assistance of a skilled lawyer, you could have the maximum time allotted to gather evidence and file a lawsuit.
Compensation
Pursuing damages from an assault and battery lawsuit allows you to recover various types of compensation. Many people choose to pursue civil lawsuits because of the reduced burden of proof that is required to return a verdict. However, civil claims do not result in jail time; they can only yield monetary compensation.
You may be able to receive coverage for:
- Medical bills (surgery, hospitalization, medication, physical therapy, and future medical treatments)
- Lost wages (as well as future lost income because of medical treatment or injuries)
- Property damage (reimbursement or repair costs for any items that were destroyed or harmed during the assault)
- Pain and suffering (fear, anxiety, PTSD, mental stress, emotional scarring, psychological trauma)
- Punitive damages (additional types of monetary compensation handed out to punish the defendant and dissuade him from committing the same actions; many courts view these damages as excessive, however, and only a qualified lawyer will be able to win them for you)
It can be difficult pursuing a claim by yourself. We recommend enlisting the services of a Los Angeles assault and battery attorney to give you the best chance possible of winning your lawsuit.
Call Us
The expert attorneys at Normandie Law Firm are available to help you receive the compensation you deserve for your case. We are an experienced group that has handled assault and battery cases for years, and we know exactly how to bring you the maximum compensation available to you under the law. With the assistance of our aggressive attorneys, you will see fast results. We are even willing to go all the way to court to preserve your rights.
Cal us today for a free legal consultation; all of our consultations are completely private and confidential, and none of your personal details will leave our offices. Additionally, if you select us for our legal representation, you will be given a zero fee guarantee on your claim. This promises that you will pay nothing up front or throughout the case for our services; we will only get paid if we win, and the money will be taken from the settlement we bring you, so the defendant’s insurance will take care of it. If we lose, you’re off the hook and owe us nothing.
Contact an assault and battery lawyer in Los Angeles today.
