The personal injury attorneys at the Ginny Walia Law Offices are experienced in personal injury actions. A California intentional tort refers to personal injury where the victim is harmed due to the actions (or in-actions in some instances) of a third party. There are several types of tort actions in California that may give rise to recovery. The most common torts are battery, sexual battery, and assault.

How to prove an intentional tort

When a victim files a tort lawsuit, it is their duty to prove that the defendant was the one who committed the action. An intentional tort may be proved in a number of ways including with witnesses, police reports, medical records, and investigation.

Statute of Limitations

California tort law requires that you file a claim within a certain amount of time depending on which tort was committed. Most California intentional torts must be filed within one to two years. However, it is important to note that if the defendant is a government agency, the statute of limitations can be very small. Thus, it is important to contact a California intentional tort attorney as soon as possible before the time runs out.

Battery

A battery is defined in California tort law as any unwanted or uninvited physical contact with another person that leads to injury. To prove a case for a battery, the touching must have been intentional. This means that an involuntary act such as sleep walking is not sufficient to establish a battery in most instances. The defendant does not have to intend that the harm is done that that victim, the intentional act is enough to establish a cause of action for battery.

Assault

Assault is defined in California tort law generally as an attempted battery. An assault must be an imminent threat of harm. This means that the threat of harm must be a present threat, not a threat that something will happen in the future. Further, the threat must be one that is reasonable. This means that you must reasonably believe the threat is credible.

Sexual battery

The attorneys at the Ginny Walia Law Offices are experiences in California sexual battery cases. In a sexual battery case, the plaintiff must prove that there was a battery (harmful or offensive touching) that was sexual in nature. If the plaintiff can prove this, they may be able to recover all medical expensive due to the physical and mental damage which occurred. In addition, the plaintiff may recover damages for any permanent injuries, collect lost earnings, recover damaged property, pain and suffering, and punitive damages.

Third party liability

The attorneys at the Ginny Walia Law Offices understand that some defendants are unable to compensate for the injuries that they created. Therefore, it is important to determine if there may be any other parties to join as defendants. Some common third parties that may be brought in are the owner of a building that failed to provide proper lighting or security, business owners, hotel owners, or employers.

Recovering Damages as a Victim

If the defendant who committed the assault and/or battery against you has assets, you may be able to recover for your damages, including:

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  • Reimbursement for rental vehicles.
  • Compensation for potential loss of wages.
  • Payment for future medical expenses that will be incurred.
  • Replacement or repair of your motor vehicle.
  • Decreased earning capacity.
  • Reimbursement for any of your out of pocket expenses.
  • Punitive Damages.
  • Reimbursement of your medical and hospital expenses.
  • Maximum recovery for all of your pain and suffering due to your physical and emotional injuries.
  • Reimbursement for any lost wages.
  • Pain and suffering.
  • Vocational rehabilitation.
  • Loss of consortium (services of spouse).

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An experienced California personal injury attorney, with a successful track record, will permit you to receive the maximum compensation you are entitled to under the law.

No fees until you win:

If you or a loved one has suffered an injury due to the intentional tort of a third party, the last thing you want to think about is saving money to pay for an intentional tort attorney. Accordingly, the Ginny Walia Law Offices handle cases on a contingency fee basis. This means that if you do not recover, then you will not be charged for any legal fees.

Our fee structure is based on a percentage of the amount that we obtain for you.

Further, we will work with you to settle your case. Our personal injury attorneys will never settle your case without your authorization. California personal injury lawyers at Ginny Walia Law Offices will do everything possible to settle your wrongful death case out of court without the delay of a full trial.

Speak to a California Personal Injury Attorney now: If you have been injured due to the intentional torts of a third party, we can help. Please call us now at 1 (510) 887-5910for a free no obligation consultation.