Dec 03, 2012 · 8 reviews. AVVO RATING 9.0. Contact Attorney. 0 found this helpful | 7 lawyers agree. Posted on Dec 3, 2012. Posted on Dec 3, 2012. A "personal injury lawyer" is the type of lawyer you would want to retain. Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com.
Jun 10, 2020 · Victims of assault and battery have the right to sue their attackers for (money) damages. It is not necessary that the defendant first be convicted in a criminal trial, or even charged with a crime. As long as the plaintiff suffered damages because of the defendant’s wrongful actions, he or she can file suit. Damages for assault and battery.
Sep 01, 2017 · Whenever filing a lawsuit against a fast food chain, restaurant, or food manufacturer, it is in your best interest to hire a qualified attorney who has experience in a foreign object in food cases to help represent you and your case in court. Having a well-versed attorney on your side can make the difference between filing a successful claim ...
A lawsuit against the employer for a workplace assault is just one option. The victim of a workplace assault can also do any or all of the following: Complain to their company’s human resources department or a supervisor; File a police report; Apply for worker’s compensation; and/or. Bring a civil lawsuit for compensatory damages against ...
California's “assault law,” Penal Code 240, defines “assault” as an attempt or threat to commit a violent injury on someone else. In other words, i...
California's “battery law,” Penal Code 242, defines “battery” as the willful and unlawful use of force or violence on another person. The force doe...
Anyone who has been the victim of an unprovoked threat or use of force can sue for damages. An exception is if the contact was consensual. For inst...
Sometimes, yes. The question is whether another party had a legal duty of care to the plaintiff and was negligent in exercising (or failing to exer...
A criminal conviction is not required in order for a victim to file a civil lawsuit for assault or battery. Victims can sue even if charges are nev...
A wrongful act (intentional or otherwise) usually requires " damages " (injury or harm of some kind) in order to be actionable, and assault cases are no different. In an assault case, damages can include physical injuries and the cost to treat those injuries, lost income, and other more subjective harm. Here's a breakdown of the different kinds of damages that may result from an assault.
The purpose of a civil lawsuit is to provide compensation to the victim, to be paid by the perpetrator. If the person who assaulted you doesn't have significant assets, there may not be much to recover, even if you're "awarded" a high amount in court.
If you are going to file an assault lawsuit, there are a few main elements you must be able to prove: an intentional action on the part of the defendant. the defendant's intention to cause apprehension of harm, and. your resulting reasonable apprehension of immediate harm.
That's because no liability insurance policy will cover an intentional act like assault, so only the defendant will be on the financial hook. If you sue a defendant who has little in the way of assets, you'll soon find out that winning money in court isn't the same as collecting it.
Economic damages are designed to reimburse you for any costs and expenses associated with the assault. Common components of economic damages include medical bills (including cost of future care) and lost income.
Punitive damages for assault are designed solely to punish the assailant, and are only available in certain jurisdictions and under certain circumstances. As a general rule, an assault must be particularly outrageous or egregious to trigger the possibility of punitive damages.
Most people likely think of "assault" as a crime, but it's also the kind of wrongful act that can form the basis of a personal injury lawsuit. Here's what you need to know.
What is “assault”? California’s “assault law,” Penal Code 240, defines “assault” as an attempt or threat to commit a violent injury on someone else. In other words, it is the willful and wrongful threat of the use of force. If force is actually used, it is no longer assault it is “battery” (discussed below).
The main defenses to civil charges of assault and/or battery include (but are not limited to): The defendant did not threaten or use force against the plaintiff. The plaintiff initiated or escalated the incident. The plaintiff was not scared (or a reasonable person would not have been scared).
It is not necessary that the defendant first be convicted in a criminal trial, or even charged with a crime. As long as the plaintiff suffered damages because of the defendant’s wrongful actions, he or she can file suit. Damages for assault and battery.
1. In other words, the threat must have been credible. Examples of assault: During a domestic argument, a man raises his fist and threatens to hit his wife.
California’s “battery law,” Penal Code 242, defines “battery” as the willful and unlawful use of force or violence on another person. The force does not need to be significant in order to constitute a battery. Examples of battery:
Punitive damages are available in assault and battery cases when the defendant acted with “fraud,” “malice” or “oppression.” 4. Generally, these terms mean that the defendant either: Injured the plaintiff intentionally, or. Acted with a conscious disregard of the plaintiff’s rights. The burden of proof for punitive damages.
The burden of proof for punitive damages. The right to punitive damages must be established by “clear and convincing evidence.”. California law does not specifically define this term. But it is a higher burden of proof than “preponderance of the evidence.”.
Our law offices are based in Los Angeles; however, our attorneys practice in Riverside, San Diego, San Bernardino, Orange County, Fresno, Bakersfield, San Francisco, Sacramento, Ventura, Oxnard, Oakland, and throughout the entire state of California. As a show of this commitment to you and your case, we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Call now for a free consultation by one of our attorneys with experience in foreign object in fast food cases, and we can guide you down the path of receiving proper compensation for your damages.
While the process of proving negligence may differ depending on the specifics of your case, there are four key elements required for every successful claim of negligence. An experienced attorney can assist you in proving the negligent actions of a fast food establishment. These four elements are as follows:
Fast food chains are known the world around not just for their ability to quickly hand out decent quality food to customers at low prices. Due to the speeds in which food is prepared, mistakes are bound to happen. A lot of these restaurants also already pre-prepared a majority of their produce, so when there is an object inside a burger patty or heap of lettuce, those preparing it are unlikely to see it. Listed below are some of the popular fast food chains in California:
Those who have been injured or traumatized due to finding a foreign object in their food have every right to sue the restaurant or fast food restaurant responsible for the mishap. If you or a loved one has suffered damages from having a foreign object in your food, you may be eligible to file a claim for compensation.
Personal injury lawsuits, such as those related to a foreign object found in food, are based on the legal theory of negligence. What this means is that in addition to proving injury by the foreign object, the plaintiff must also prove that the restaurant owner, chef, or manufacturer of the food was negligent in some way.
A complaint will also explain what the plaintiff would like for the court to do in terms of addressing the issue. An example of this would be to order a damages award, or issue an injunction to prevent the defendant from continuing certain actions.
According to injury laws, a foreign object in food refers to when a person discovers an object in their food or meal. This is an item or object that you would not reasonably expect to be in the food or meal. Some of the most common examples of foreign objects that can be found in food or meals include, but may not be limited to:
Foreign objects found in a person’s food can cause serious injuries to their teeth, gums, throat, and/or digestive tract. Those who have been injured by a foreign object in their food or meal may have grounds to file a personal injury lawsuit. Such a lawsuit may be filed against the manufacturer of the food, or the party responsible ...
Breach of Duty: A breach of duty occurs when a person’s level of care fails to meet the level as required by their duty. In a lawsuit involving a foreign object found in food, an example of this would be a chef who fails to check the food before plating it;
The basic test for causation is “but for” one party’s actions, the injury would not have occurred; and. Damages: Generally speaking, there must be tangible and quantifiable harm that occurred. An example of this would be property damage, or in cases involving a foreign object found in food, a throat injury.
Some of the most common examples of foreign objects that can be found in food or meals include, but may not be limited to: Glass; Gravel and rocks; Metal; Jewelry; Wood; Plastic; Cigarettes; Gum;
A civil lawsuit, on the other hand, is focused on the victim. It is about making the victim as whole as possible. The victim is a party. This means that the victim gets to decide how far to take a lawsuit and whether to settle out of court.
When unlawful force or violence is actually used, the crime is known as “battery,” California Penal Code 242.
The criminal justice system is focused on the perpetrator. It is about determining guilt and appropriate criminal punishment. The D.A. brings the action and decides whether to pursue charges and whether to let the perpetrator cut a deal. A civil lawsuit, on the other hand, is focused on the victim.
A lawsuit against the employer for a workplace assault is just one option. The victim of a workplace assault can also do any or all of the following: Complain to their company’s human resources department or a supervisor; File a police report; Apply for worker’s compensation; and/or.
There are two situations in which an employer can be held liable for a coworker assault: The employer knew or should have known that the employee was a risk to others; or. The employer is legally liable because the employee was just doing his or her job. Let’s take a closer look at each of these situations. 7.1.
In such cases, the employer may be “vicariously” (indirectly) liable for its employee’s actions. This is known as respondeat superior law. “Respondeat superior” is a Latin phrase meaning “let the master answer.”.
It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.
A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.
Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.
Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.
Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.
Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.
In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.