Have you been the victim of assault in Vista, CA? You might be able to file a personal injury claim against the at-fault party who enabled the attack to take place. Petrov Law Firm can help you with every aspect of your claim. Contact a Vista assault injury lawyer for more by calling (760) 813-3313.
Our injury lawyers have more than two decades of combined experience and have collected over $40 million for our clients since we opened our doors in 2012.
For more information about how our personal injury law firm can help with your case, reach out today by phone or contact us online.
How Petrov Law Firm Can Help With Your Assault Injury Case in Vista
If you’ve been assaulted in Vista, California, you might be able to pursue a civil claim against the party or parties responsible for your injuries – regardless of the status of any related criminal proceedings. This remains true even if the person or persons were acquitted of their criminal charges.
The trusted Vista personal injury lawyers with Petrov Law Firm can fight for your interests starting today. Our seasoned attorneys make it a point to treat every client like they were family, giving them the personalized attention, resources, and dedication that they deserve.
We understand the trying time that you and your family are likely experiencing after an assault injury, and we are here to help. To that end, we can:
- Take care of all the negotiations, paperwork, and communications with the other side on your behalf
- Comprehensively investigate your case to unearth evidence, determine all of your damages, and identify each liable party
- Bring your case before a San Diego County jury at trial if necessary
- Keep you apprised of your legal options at all times
Reach out to our law office in Vista, California, today to set up your completely free, no-obligation case evaluation. We’re available 24/7 to take your call.
How Common Is Assault in California?
According to statistics provided by the Public Policy Institute of California (PPIC), the state’s violent crime rate increased in 2021 relative to the previous year. The overall crime rate increased by 6%, while aggravated assaults increased by 8.9%. Fortunately, these rates are still lower than the crime rate peak in 1992.
PPIC also states that 67% of reported violent crimes in 2021 in California were aggravated assaults, making it far and away the most common type of violent crime in the state. The next closest is robbery at 24%.
Brief Overview of California Assault Law
Assault and battery are both illegal under California criminal law, and a person can be tried for each in a criminal court. The primary difference between assault and battery is that battery requires the use of force or violence upon another person, while assault can occur even if there is merely an attempt to do so.
Assault is also an intentional tort, meaning the injured victim can pursue a lawsuit in a civil court of law for the harm they’ve suffered. The criminal justice system’s role is to punish the party for what they’ve done, whereas the civil court system can provide the injured victim with financial compensation.
As stated, it is possible for the accused first to be acquitted at the criminal trial and subsequently found to be liable for the victim’s injuries during civil proceedings.
How Much Is My Vista Assault Injury Case Worth?
The value of your assault injury case in Vista will come down to the facts and circumstances involved in your particular situation. Our Vista assault injury attorneys can provide you with an estimate after they’ve had the chance to review your case. But in the meantime, consider the following factors that tend to influence the worth of most cases:
- Will you make a full medical recovery from your injuries?
- How serious are your injuries, and what types of injuries have you suffered?
- How old were you at the time of the assault?
- To what extent have you had to miss work due to the assault?
- How much evidence is available to support your claim?
Petrov Law Firm will work hard to maximize the value of your personal injury case when you hire us to take on your case.
What Damages Can Assault Victims Claim in Vista, CA?
One type of damages assault victims can aim to receive in Vista is referred to as economic damages. These damages compensate you for things like:
- Medical bills
- Out-of-pocket costs
- Lost wages
- Decreased earning capacity
Another type of damages available to Vista assault injury victims is non-economic damages. Examples include:
- Pain and suffering
- Emotional distress
- Loss of consortium
A third type of damages, punitive damages, could be available in rare assault cases as well. These damages are meant to “punish” the at-fault party for what they’ve done. As this is also the aim of the criminal justice system, whether these damages are awarded will be highly-fact specific. Generally speaking, punitive damages are rarely awarded.
Who Could Be Held Liable for My Vista Assault Injuries?
There may be more liable parties for your assault injuries in Vista than you might anticipate. While your attacker can certainly be held liable, other parties could also be held responsible for your injuries if they enabled the attack to occur.
This could be important to the value of your case, for it’s possible your attacker doesn’t have the funds to compensate you adequately. In some cases, the perpetrator is never located, but other potentially liable parties are.
California premises liability law requires that property owners keep their property reasonably safe for most visitors. This can include the requirement to provide adequate security for their premises. So if you were assaulted on someone’s property and they failed to adhere to these standards, they could also be held liable for your assault injuries. Examples of potentially liable parties in this regard include, but are not limited to:
- Business owners
- Owner of a bar, restaurant, or nightclub
- Governmental entities
- Sports venues
As part of our internal investigation into your case once you hire our legal team, our Vista personal injury attorneys will work hard to identify each liable party for your injuries.
Negligent security is a key aspect of California premises liability law that could apply to your assault case in Vista. Property owners in the state have a duty to provide adequate security for their premises, and the failure to do so could result in civil liability for any assaults that take place.
The exact measures that the property owner must take vary depending on the nature of the premises in question, but examples include things like:
- Security cameras
- Employee training
- Security guards
- Locked areas
The key thing to remember is that just because you can’t locate the person who assaulted you doesn’t mean you don’t have a claim for compensation. Because our law firm offers a free consultation to review your case, you don’t have anything to lose by reaching out and inquiring about our legal services.
What Is the Burden of Proof in a Vista Assault Injury Case?
The burden of proof in a criminal assault case is significantly higher than it is in a civil assault case. The prosecution has the burden of proof in the criminal context and must assert every element o the criminal offense “beyond a reasonable doubt.” This is a high bar to meet, the highest of any burden of proof threshold.
In the civil context, the injured victim has the burden of proof. However, the threshold is “by a preponderance of the evidence.” This means that you’ll only need to demonstrate it is more likely true than not that the at-fault party is liable for your injuries.
The difference in these burden of proof thresholds is the primary reason why someone could be acquitted at a criminal trial but then found liable at a civil trial.
How Much Time Do I Have To File My Lawsuit After an Assault Injury in California?
In most assault injury cases in Vista, California, you’ll have two years from the date of the assault to file your civil lawsuit. However, this deadline has exceptions. For that reason, we recommend promptly contacting us if you’re unsure whether you still have time to file a claim in your situation. If you file your lawsuit too late, you’ll lose your ability to pursue compensation.
Schedule a Free Case Review With an Experienced Vista Assault Injury Attorney
You don’t have to undergo the aftermath of your assault injuries by yourself. By hiring Petrov Law Firm to represent you, you’ll be able to focus on healing from the harm you’ve suffered. In the interim, our Vista assault injury attorneys will work hard to recover compensation for every aspect of that harm.
Contact us today to learn more or to start forming an attorney-client relationship. Your initial consultation is free of charge.