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Brian E. Watkins has extensive trial experience in both criminal and civil matters. He tried the biggest civil rights case in San Diego County! Call Today! 619.255.5930

 

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Battery

Assault and Battery cases are many times prosecuted by the local District Attorney in criminal court. Victims of these crimes additionally have a case in civil court for monetary damages, through a personal injury lawyer. While the State will punish a perpetrator for his crimes, through the civil justice system victims can sue their attackers for money damages.

 

Battery is whenever there is actual contact. CA Penal Code Section 240 defines battery as “any willful and unlawful use of force or physical violence upon the person of another”. 

 

The California Attorney General reported that in 2006 there had been almost 324,000 assault crimes in the State.

 

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Statute of Limitations

The statute of limitations in CA for individual damage claims is two years from the time of the accident. (Cal. Code of Civ. Proc. Part 335.1). This means if the claim is not settled, and a lawsuit is not filed inside the two- year duration, the claimant will be forever barred from seeking cash damages for individual injuries.

Note that in cases against a public entity (e.g. town, state, college region, authorities divisions, etc) have specific claims-filing demands. Under many circumstances a claim must be filed using the governmental entity within six months of the time of harm. Accordingly, for almost any cases where such an entity may be a defendant, it's important to consult with a lawyer before the six-month duration ends.