WERE YOU A VICTIM OF ASSAULT AND BATTERY?
Assault and battery can cause severe physical, emotional, and psychological damage. If you or a loved one has been a victim, you may be entitled to significant compensation. Don't hesitate to seek legal assistance to protect your rights.
At Shiganian Law, we understand the trauma that victims of violent crimes endure. Our experienced legal team is dedicated to helping you navigate the complexities of assault and battery claims and ensuring you receive the compensation you deserve.
UNDERSTANDING ASSAULT AND BATTERY
It's crucial to distinguish between assault and battery:
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Assault - Involves an intentional threat or action that causes fear of imminent harm, even if no physical contact occurs.
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Battery - Entails actual physical contact or harm inflicted on the victim.
For instance, if someone raises their fist to hit you, it is considered assault. If they follow through and strike you, it becomes battery.
CAN YOU FILE A LAWSUIT FOR ASSAULT AND BATTERY?
Yes, you can. While assault and battery are criminal offenses, you also have the right to file a civil lawsuit to seek compensation for your injuries. Our team at Shiganian Law can help you understand your legal options and guide you through the process.
To sue someone for assault, you must typically demonstrate that:
- The person intended to make harmful or offensive contact with the victim, and
- The victim reasonably believed that such contact was imminent.
Assault can also occur if:
- A person threatens to harm the victim,
- The victim reasonably believes the threat will be acted upon,
- The victim did not consent to the conduct, and
- The threat caused the victim some form of harm.
It's important to note that verbal threats alone are generally not sufficient to establish assault. There must be additional conduct by the threatening party that causes the victim to fear imminent harm. The context of the threat and surrounding circumstances are essential in determining whether it qualifies as assault.
Assault Case Example
Imagine a man, Alex, angrily raises his fist and steps toward a coworker, Sarah, during an argument. He shouts, “I’m going to punch you!” Alex’s stance and raised fist, combined with his words, make Sarah genuinely believe he is about to hit her. She instinctively backs away, feeling fearful and threatened.
In this scenario, Sarah could have grounds to sue for assault because:
- Alex's actions (raising his fist and stepping toward her) and words (threatening to punch) made her reasonably fear immediate physical harm.
- Sarah did not consent to the threatening behavior.
- The combination of Alex’s actions and words created a situation where a reasonable person in Sarah’s position would feel they were about to be harmed.
If Alex had simply made the statement without any physical gesture, it might not meet the legal standard for assault. However, his actions, coupled with his words, made the threat feel imminent to Sarah, creating grounds for an assault claim.
LIABILITY OF PROPERTY OR BUSINESS OWNERS
Property and especially business owners are responsible for making their property safe from risks of assault and battery. Although it is tough to hold property and business owners liable for third party's intentional torts, which are assault and battery, they still can be liable for negligence in securing and protecting property sufficiently or when failing to train their personnel properly.
Here are some examples of such negligence:
Absence of surveillance cameras
Inadequate security measures
However, the most common scenario when business owners can be held liable for assault and battery are examples of their employees, such as managers, security guards, etc. using force and battering patrons as a part of their employment duties with business or property owners, which is mostly result of poor training.
STEPS TO TAKE AFTER AN ASSAULT
- Contact the police and file a report.
- Seek immediate medical attention.
- Collect evidence, including the attacker's information and any witness statements.
- File an incident report with the property manager or security.
- Avoid speaking with representatives of the defendant or their insurance company.
- Consult with a skilled personal injury lawyer.
TIME LIMITS FOR FILING YOUR CLAIM
Under California law, you have two years to file an assault and battery claim. If a government entity is involved, the timeline shortens to six months. It's vital to act promptly to preserve your right to compensation. Our team at Shiganian Law will ensure your claim is filed within the required timeframe.
COMMON PLACES FOR ASSAULT AND BATTERY INCIDENTS
Assault and battery can occur anywhere, such as bars, nightclubs, schools, sports events, and public spaces. Regardless of where the incident took place, legal assistance is crucial for securing the compensation you deserve.
COMPENSATION FOR ASSAULT AND BATTERY VICTIMS
Victims may recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Legal costs
In severe cases, punitive damages may also be awarded to penalize the offender and deter future misconduct.
CONTACT SHIGANIAN LAW
If you or a loved one has suffered from assault and battery, Shiganian Law is here to help. Our dedicated legal team is committed to obtaining the maximum compensation for your injuries. For a free consultation, contact us today.
CALL US AT 818-588-8974
Protect your rights and get the justice you deserve with Shiganian Law, serving Sherman Oaks, Encino, Los Angeles, and surrounding areas.
MEET ISABEL SHIGANIAN
Your Personal Injury Lawyer
I am Isabel Shiganian, a dedicated personal injury attorney and the proud founder of Shiganian Law. A name that I hope you will come to associate with care, trust, and your best interests, which will be my lighthouse throughout our journey together.
My legal career spans over a decade, with more than 3 years in the United States and over 7 years in Europe, where I have been recognized for my strategic prowess and unwavering client-focused approach in handling personal injury and domestic violence cases, in recognizing and fighting for human rights. My practice is built on a commitment to securing justice for those wronged, and I have had the privilege of helping my clients recover millions.
Before establishing Shiganian Law, I sharpened my skills as an associate attorney in several prestigious law firms across Los Angeles, specializing in a broad spectrum of cases, from premises liability to medical malpractice.
I firmly believe that everyone deserves personalized, attentive and what is more important, passionate, representation. My diverse experience across various legal sectors, coupled with my commitment to my clients' well-being, distinguishes me in the field of personal injury law. Known for my strategic thinking, compassionate approach, and relentless pursuit of justice, my ability to connect with and successfully represent my clients is further enhanced by my fluency in multiple languages and international insights.
My international experience is a cornerstone of my practice, offering me a unique perspective on the law and enhancing my ability to effectively advocate for my clients. My involvement in human rights work, including overseeing parliamentary elections and advocating for the rights of individuals with disabilities, has reinforced my commitment to fairness and equity.
Currently serving Sherman Oaks and Encino, I continue to lead Shiganian Law Corp with a blend of international savvy and local expertise. My commitment to legal excellence and passion for justice not only make me a formidable advocate for my clients but also a respected member of the legal community. And I hope, this all will take me where YOU can put YOUR trust in me and proudly walk hand in hand until we get what YOU deserve.
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Commitment to All Clients
At Shiganian Law, we understand that accidents rarely occur without cause. When someone else's negligence disrupts your life, we are here to help you secure the compensation you deserve. This may include coverage for medical expenses, compensation for lost wages, car repairs, and even punitive damages to support your recovery and improve your quality of life during this challenging period. It's crucial not to overlook potential compensation—particularly when you are most vulnerable. To determine if you have a valid claim, we invite you to take advantage of a risk-free consultation with one of our legal experts. At Shiganian Law, we are just a phone call away, ready to support you in these critical moments.
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You Don't Pay Until We Win
We prioritize your peace of mind at Shiganian Law. Understanding the financial burdens that legal actions can impose, we embrace a client-first philosophy—you won't pay any fees until we win your case. This contingency basis ensures that our goals are directly aligned with yours, focusing solely on achieving a successful outcome. Trust us to be your staunch advocates, tirelessly fighting for what you rightfully deserve.
MEET ISABEL SHIGANIAN
Over a Decade in Personal Injury Law
- 3+ Years in the United States
- 7+ Years in Europe
I’ve dedicated my career to supporting clients in personal injury and domestic violence cases. Recognized for my strategic approach and client-centered service, I have helped secure millions for those wronged.
I began my career as an associate attorney at prestigious Los Angeles firms, honing my skills across a range of legal fields. This journey inspired me to establish Shiganian Law, where I now combine my expertise with a passion for client advocacy.