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!