When you’ve been assaulted and criminally attacked by another person,
there are no words to truly describe the trauma that you may have experienced.
Feeling unsafe in your own body due to the violation of your physical
boundaries, you may suffer from post-traumatic stress disorder (PTSD)
in addition to a range of life-threatening injuries.
Although our criminal justice system may take punitive action against the
person who hurt you, it’s always possible that your abuser could
end up escaping justice, due to the high standard of proof required in
criminal cases. Additionally, sometimes that process does not account
for all of your personal and medical needs during recovery.
That’s where the civil justice system can come in, and provide some
measure of relief for victims who deserve more. No matter how or where
you were assaulted, our
personal injury lawyers can advocate for you in a civil court and demand that your abuser and
any other parties are held accountable.
How Can I Pursue a Lawsuit for Assault Injuries?
Civil cases are held to a different standard of evidence from criminal
cases. Where the latter requires proof that the assault happened “beyond
a reasonable doubt,” civil courts only require a “preponderance
of the evidence.” Given that many assault cases do have a preponderance
of the evidence, but not as much in the way of direct proof, this means
that you may have an easier road to justice in the civil court system.
Of course, these lawsuits can also be pursued concurrently with criminal
proceedings, so there’s no reason to delay once you decide to sue
your attacker. If you already know who your suspected perpetrator is,
your attorney can file a claim and seek compensation from that individual.
Another common case strategy is to hold negligent landlords accountable,
for failing to keep you secure on their premises. Under the concept of
premises liability, landlords are required to protect visitors from reasonably
obvious hazards, especially if they have been explicitly invited onto
the premises for a business purpose. This also holds true if you are the
resident of an apartment building, where you may be entitled to certain
protections and security.
Taking Back Control of Your Future
Time and again, our attorneys at Allen, Semelsberger & Kaelin LLP have
found that our clients recovered peace of mind and a sense of closure
after recovering damages for a criminal assault. Regardless of the circumstances
of your experience, we want to help you fight back and secure a financial
recovery that accounts for your serious injuries and losses. With more
than 30 years of experience helping clients throughout San Diego seek
compensation, our AV-Rated and relentless injury lawyers are ready to
stand by your side.
Call 888.998.2031 today for a consultation!