San Jose Assault Victim’s Attorney
Call (800) 900-0863 to Get the Civil Justice You Deserve
If you or someone you love is a victim of assault and/or battery, our San Jose assault injury attorneys can help you seek the just compensation you deserve. Most of the time, personal injury lawsuits are for accidents, but victims of assault and battery may be entitled to compensation, too. To learn more about your legal rights, speak with an attorney from Caputo & Van Der Walde LLP.
On This Page
- Understanding Assault and Your Rights as a Victim
- Who Can File a Lawsuit for Assault?
- Assault & Premises Liability
Assault is a crime where the victim fears for their safety due to threats of danger or attempts of harm by another individual. This may be accompanied by the crime of battery which is classified as harmful, non-consensual physical contact.
Commonly, these two occur together and are referred to as “assault,” even if both crimes occur. Even if you file criminal charges against the person who attacked you, you may not receive any financial compensation for your injury. To see financial compensation, you’ll need to file a civil lawsuit as well.
Children, the elderly, and women are some of the many people who are at risk for assault – but anyone can be the victim of assault. Regardless of age or sex, you can seek compensation if you suffered harm at the hands of another person. Our San Jose lawyers for assault victims can help anyone seek compensation.
In some cases, victims are assaulted by people they know, such as a neighbor, an acquaintance, or even a family member. Many assaults are hate crimes against certain populations, including homeless, homosexual, and transgender people. If you are an assault victim and are looking to hire a lawyer for assault to help you with compensation or justice, call our San Jose law firm.
Assault can come in many forms, the different types of assault include:
- Sexual – Forcing another person to engage in unwanted sexual acts, either by threats or by force
- Verbal – Threats of violence
- Physical – Physical attack and infliction of pain
Recent Case Result:
- $2,375,000 Recovered: Sexual assault case in which the defendant was a restaurant owner and employee.
Property owners and operators are legally responsible for the maintenance of their property and should provide all buildings with proper lighting and working locks. If an act of assault occurs on another person's property due to negligent maintenance the owner may be held liable for your injuries. If you were assaulted while on the property of another person, you may have a premises liability case.
A Criminal Trial Does Not Affect a Your Right to Compensation
Of course, if you are a victim of an “assault” or “aggravated assault” and suffer emotional and/or physical injury, the distinction between the two as well as the fact that the one who assaulted you might spend time in jail makes little difference. Your concern is to get better, pay your medical bills, and get on with your life. Just because the one who is responsible for your injuries may be in jail does not mean that you are not entitled to just compensation for your injuries. The experienced San Jose assault lawyers at Caputo & Van Der Walde LLP are here to help you receive that compensation.
If you or a loved one has been the victim of an assault resulting in a physical injury, please contact an experienced San Jose assault victim attorney at Caputo & Van Der Walde LLP at (800) 900-0863.
Q:What is the statute of limitations for assault lawsuits?
A:An assault lawsuit falls under the category of civil litigation. The statute of limitations for these types of civil lawsuits is two years from the date that the assault took place, whether the assault involved physical or emotional harm. However, if the assault is of a sexual nature, California law gives victims longer to file a lawsuit. For victims 18 years and older, a lawsuit can be filed up to 10 years after the assault took place if the assault occurred after January 2019. If the victim is a minor, they may have up to 40 years to file a sexual assault lawsuit.
Q:Who can be sued for assault or sexual abuse?
A:In addition to the individual who assaulted you, our firm will look at all parties who failed to keep you or your loved one safe. An assault lawsuit can be filed against educational institutions, property owners, businesses, and even government agencies, depending on the circumstances.
Q:How much does it cost to file an assault lawsuit?
A:Money should never restrict you from pursuing justice. At Caputo & Van Der Walde, our attorneys accept payment via a contingency fee, which means all the costs associated with your case will be covered by your settlement or verdict. If our firm does not obtain a favorable outcome for your case, you owe us nothing!