What Are The Options Open To A Victim After An Assault? ...An Experienced Los Angeles Attorney Explains

Any type of unprovoked attack on another human being is a terrifying experience and one that can leave some victims traumatized for many years. At best the victim would be left with emotional scars and at worst a person may be fatally injured. Unfortunately this type of attack also known as 'assault and battery' is fairly commonplace. A Los Angeles attorney who deals in such cases explains that many victims believe that their only course of action is for a lengthy prison sentence for the person who caused the harm. In fact, there is another option.

It is fair to say that most victims of crimes of violence are totally unaware that they can sue their victims in a civil court in order to recover financial compensation for the pain and suffering that has been caused to them. This can include the following...

• Assault
• Sex Crimes
• Domestic violence
• Gun crimes
• Reckless driving
• DWI/DUI

An assailant can be found guilty of assault and battery without physically ever touching the victim, but the attorney will have to prove that the intent was there. This means that a skilled LA lawyer will have to show that...

• The defendant intended to cause harm to the victim
• The victim believed that they were indeed under threat and about to be personally harmed

As far as the legal definition goes, some type of verbal threatening is classed as assault. If the victim is subjected to offensive and harmful touching that has resulted in injury then this is known as battery.

The difference between criminal and civil court proceedings

When a case goes up to the criminal court a prosecuting attorney will have to prove that the defendant is indeed guilty of the charges before them. They will have to show this beyond any reasonable doubt to which (in a jury related trail) all twelve jury members must be unanimous in their decision.

In order for a prosecuting lawyer to win a civil lawsuit, the amount of proof needed or the 'burden of proof' is much lower. Rather than a unanimous agreement, the 'majority' of jurors must be persuaded that the evidence is stacked in the favor of the plaintiff. Any team of Los Angeles attorneys who are skilled at negotiating can look to settle out of court. This means that the victim doesn't have to sit through the whole court experience with being examined and cross-examined. Instead they can concentrate on being able to move forward with their lives whist the representing attorney doggedly pursues the case. Having said that, any firm of experienced lawyers Los Angeles who are representing a person in such a case, will also recognize that they may have to take the case all the way if necessary and as a result be fully prepared to do so.

Compassion

Many people assume that all attorneys tend to be Rottweiler types who will stop at nothing get what they want. Whilst gritted determination and a will to succeed are indeed excellent traits of a skilled attorney, any experienced lawyer will realize that they have to treat their clients with compassion. Any victims of violent crime whether it is physical assault or sexual assault will probably suffer emotional as well as physical scars. As a result the right team of lawyers will see that they maximize compensation so that their client can benefit from psychological as well as medical treatment, loss of wages whilst in recovery, damages for pain and suffering caused and in some instances, they may also be able to file for punitive damages.

It is good to know that an assault victim does indeed have legal options open to them in the event of an attack and as a result a substantial amount in damages can be won, even though the assailant may not be found guilty of the crime. An experienced LA attorney can seek justice on your behalf and as a result can deliver the full and fair compensation that you deserve.