Invasion of privacy laws are both criminal and civil in California. They involve false light claims and cases involving the public disclosure of private facts. The laws are similar in that a person does something that invades another's privacy. While the specific activities in criminal and civil proceedings differ in terms of definitions and how they are proven, they are both intrusions on a person's personal affairs.
The California Privacy Act is a wiretapping law. It prohibits the recording of confidential conversations without the consent of all participants. This includes telephone conversations. Victims of illegal wiretapping may be subject to legal damages. Breaking the law is a crime. Violators may face:
During a telephone conversation, both parties must agree to record. Which makes California a "bilaterally agreed" state.
Examples of invasion of privacy are everywhere. We've all heard the story of a man whose ex-boyfriend or girlfriend shared risky photos without their consent. Social media platforms are regularly used as a launching pad for personal attacks. Many of us have probably even become the target of extremely harmful or violent "gossip" about someone's highly personal information. These are all examples of invasion of privacy, and they are all flagrant violations of people's right to maintain the confidentiality of their personal affairs.
Typically, only living people can sue for invasion of privacy, which requires proof that public disclosure of a private fact has taken place. To prove this, it is necessary to establish five elements:
Public disclosure of information includes bringing information to the attention of the general public or a large group of people. A private fact is a detail of your life that is usually not open to others, such as your finances, sexual activity, or your health. When disclosure violates commonly held norms of decency, it is offensive to the typical individual. The disclosure that does not cause legitimate public concern is a disclosure that has no social value but deeply violates a person's privacy. Finally, demonstrating a reckless lie requires demonstrating that the defendant knew how offensive it would be to reveal private facts but did so anyway.
You may be hesitant to disclose a breach of your privacy due to feelings of vulnerability or even humiliation. However, remember that invasion of privacy is a felony that, like any other crime, must be prosecuted. Privacy invasions can range from innocuous to deadly, but no matter how serious they are, reporting them to the appropriate authorities as soon as possible is the best course of action. The consequences of defamation can be as serious as personal injury. As a result you deserve justice for the pain and embarrassment you are experiencing or did in the past.
If you or someone you know is subject to privacy invasion and have further issues, contact our Glendale personal injury lawyer today for a consultation and case review. If you have any questions please feel free to give our office a call at 310.943.1171.
A minors' compromise and release hearing is required by California law if a child under the age of eighteen is injured and receives a monetary settlement from the at-fault party. This means that a guardian must be appointed by the court unless the child is legally emancipated, a judge must approve the settlement for your injured child, and the settlement funds must generally be deposited into a blocked account in any FDIC-insured bank, trust company, savings and loan associate, or similar financial institution located in the state of California, until the child is eighteen years of age. The settlement funds can also be invested in a vehicle like an insurance annuity contract (single-premium deferred annuity). Alternatively, you can have a portion of the funds deposited in a bank and a portion of the funds deposited in an investment vehicle. Please see other articles on this website for more information, or your child's injury lawyer can explain which method is best for depositing settlement funds.
According to California Probate Code Sections 2504,90 3500,91 3600,92 and California Code of Civil Procedure Section 372.93, an enforceable settlement of a can only be consummated with California court approval. The whole point of a court-supervised settlement for injured minors in California is to: Appoint a guardian to assist the minor child in monitoring his or her settlement funds.
A rollover accident is when a vehicle's momentum causes it to turn over. Rollovers can result in catastrophic injuries that can be life-threatening. Rollovers are more likely to happen during the winter months because of low tire pressure, black ice, and wet roads. Nobody expects their automobile to flip, and there are few things to be aware of if it does.
While any vehicle can roll over, vehicles with a high center of gravity, such as SUVs, pickup trucks, and vans, are far more likely to do so. The majority of rollovers are "tripped" rollovers, which occur when the vehicle is destabilized by an external force. A vehicle can be tripped in a variety of ways, including:
In California, victims of police misconduct, brutality, or excessive force can file a lawsuit. Typically, the lawsuit is based on civil rights violations. The victim may be awarded monetary damages in the lawsuit. It can also seek an injunction to prevent future wrongdoing. Also, it's possible that the officer will face criminal charges as a result of this.
The term "police misconduct" refers to police officers who engage in illegal or inappropriate behavior. Discrimination, obstruction of justice, and other forms of police misconduct are examples of misconduct. Police misconduct is the illegal behavior of police officers, which takes various forms such as:
It is highly dangerous work to deal with asbestos and underground tank works, which can cause big property damages and serious health injuries if not done correctly. A person (including a licensed contractor) who performs asbestos-related work without certification, or who installs or removes an underground storage tank without certification, is in violation of California's Business and Professions Code 7028.1 BPC.
Asbestos is a high heat resistant fibrous silicate mineral. An underground tank is "a tank and or any underground piping which is connected to the tank, and at least 90 percent of the combined volume of which is underground." Such tanks are usually used to store petroleum and other similar materials. California Business and Professional Code, with its section 7028.1, makes it a crime for a contractor to perform the following actions:
Fortunately, to qualify as a criminal annoying communication, a phone call, text message, or other communication must be more than just annoying. It must use filthy language or make threats, or it must be part of a series of harassing phone calls. The bad news is that determining what form of vulgar language or threats might lead to criminal liability for irritating phone calls is not always easy. The courts in California are still attempting to figure this out as well. This means that it may be difficult for someone to know whether or not what they're doing is illegal.
Making annoying phone calls and communicating with people is prohibited by law. Let's examine what are the criteria to define that communication is annoying;
We can conclude that there are several types of criminally annoying communication under the law;
Air pollution in scientific literature is usually defined as “releasing pollution into the air, which can be detrimental to human health and the planet as a whole. WHO data shows that air pollution kills over seven million people worldwide every year, thus it is a major threat to the health of people and the climate of the earth. This causes the USA as a whole and the states to develop legal regulations for air pollution control and punishment of air pollutants. The Clean Air Act authorizes the US Environmental Protection Agency to protect public health with the help of regulating the emissions of harmful air pollutants. In California, Health and Safety Code lists the actions which are considered unlawful from the perspective of air pollution. The appropriate sections are 2400, 42400.1, 42400.2, 42400.3, 42400.3.5, 42400.4, which will further be examined throughout this article. Any violation of a section is a misdemeanor.
This section is the general provision, which considers the violation of law designed to protect the quality of the State's air by an entity as an offense. Penalties for violation of this section Under the corresponding section, the entity can be using these punishments:
Assault can take many forms under California law. However, one particularly dangerous and disturbing type is assault with caustic chemicals. This offense involves someone deliberately attempting to harm another person by throwing or placing harmful substances, such as acids or flammable liquids, on their body. Because these acts often result in serious physical and emotional trauma, the law takes them very seriously.
Under California Penal Code Section 244, assault with caustic chemicals occurs when someone willfully and maliciously throws, places, or causes a caustic chemical, corrosive substance, flammable material, or vitriol to come into contact with another person with the intent to injure or disfigure them.
The term caustic chemicals includes substances capable of burning or corroding human tissue. Common examples include:
Workplace violence can take many forms, and one of the most troubling is coworker assault. Whether it involves verbal threats, physical intimidation, or actual bodily harm, assault by a coworker is both a serious legal matter and a violation of workplace safety standards. In California, victims of coworker assault have multiple legal avenues to seek justice and financial compensation.
Coworker assault refers to an intentional act by a fellow employee that causes you to fear imminent physical harm or results in actual physical contact. California law defines assault as an attempt or threat to injure someone. For example, if a coworker screams at you and threatens to throw a heavy object, even if they don’t follow through, you may still have a valid claim under assault laws.
Workplace violence, especially when unaddressed, creates a toxic environment that can affect employee well-being, morale, and productivity. Victims often suffer from emotional trauma, stress, and physical injuries, which is why it’s crucial to take appropriate legal steps immediately.
If you’ve experienced coworker assault, here are several important actions you should consider:
Have you ever come across news concerning a lawsuit against doctors for sexual harassment? In the latest news, there was information regarding compensation to 6600 patients by the University of California for sexual harassment of a gynecologist. The abuse included sexual inappropriate comments to patients, touching them without medical gloves, etc. Sexual assault/abuse/harassment are criminalized under California law. However, filing a lawsuit for such crimes against doctors is a personal injury claim. The claim is mostly focused on receiving compensation for the damages caused by the criminal actions of doctors rather than seeing the doctor convicted to imprisonment in jail.
The first addressee is the doctor, who caused the injury to the patient. However, a doctor's employer (hospital, clinics, college, university) can also be liable for the actions of the doctor. What is the reason to implicate the employer? It helps to increase the amount of compensation you can receive in the recovery of your damages. Mostly, the plaintiff must show that the doctor was not competent and was working negligently, as well as that the employer knew the doctor could be of a risk for the patients. Under two legal doctrines, sexual assault cases against doctors can hold the doctor's employer liable:
In California, the court process is the best way to approve and monitor a bodily injury settlement for a minor. After the court approved their child’s injury settlement and deposited the funds into a bank account, parents approached me to petition the judge for an early release of part of the funds that didn’t directly benefit the minor. Some parents forget that California’s court process exists to protect the child’s interests because the settlement funds belong to the child. Courts will allow an early release of funds, but they closely scrutinize such requests and require that the money benefit the minor directly.
Courts supervise minor settlements in California to ensure that children receive full protection under the law. Judges appoint guardians, evaluate the fairness of settlement terms, and oversee fund distribution. This process ensures that parents, insurance companies, or other parties do not misuse the minor’s funds. The courts take an active role in protecting a child’s financial interests until they turn eighteen. Without this safeguard, many minors could lose access to money that was rightfully theirs. The legal system prioritizes the child’s well-being above all else and aims to prevent financial exploitation or irresponsible use of settlement proceeds.
At a minor’s compromise hearing, the court reviews all settlement documents and hears from the guardian and attorneys involved. The judge examines the proposed settlement amount, attorney fees, and any medical liens or expenses. If the judge finds the settlement fair and in the best interest of the child, they approve it. Once approved, the funds move into a blocked account or annuity. Parents and guardians must present clear justification for any early withdrawal requests. Judges often ask questions to ensure that the settlement truly benefits the minor. They also check that the agreement complies with California Probate Code and Civil Procedure requirements.
Parents must gather key documents and understand the legal steps before attending a minor’s settlement hearing. They should consult with a personal injury attorney to file the proper paperwork, including a petition for approval and financial documentation. Courts expect parents or guardians to fully explain how they will use and safeguard the funds. Parents should also discuss blocked account options or annuity investments with financial advisors. Courts want to see responsible planning to protect the minor’s future. Preparing thoroughly not only helps ensure a smooth court process but also builds trust with the judge, increasing the likelihood of approval.
For more information on California’s court procedures for minor settlements, visit the California Courts Self-Help Center on Minor's Compromise.
If the monetary settlement is less than $5,000, California Probate Code Sections 3611(d), 94, and 340195 have routinely allowed custodial parents to manage the settlement funds directly on behalf of their minor children, avoiding the need for court approval. In fact, all of California's major insurance carriers routinely waive minors' compromise and release hearings when the settlement amount to the injured child is less than $5,000.
Judges do not require court approval for settlements under $5,000. Judges can choose to place the minor child's funds in a blocked account with court-approved withdrawals. They may also order direct payment to the custodial parent(s).
Are you looking for an attorney to help you with your case? Look no further, Kaass Law will be able to provide you great experience, knowledge and satisfaction. Fell free to call our office at 310.943.1171.
Rollover accidents are among the most dangerous types of automobile accidents. Although rollovers account for a small percentage of all passenger vehicle accidents, the consequences can be fatal. Common causes of these types of accidents include:
It's important for drivers to know how they should react if their vehicle begins to roll over so they can make sure they get out safely. Rollover accidents frequently result in partial or complete ejection of the vehicle's occupants, increasing the risk of catastrophic and fatal injuries. So, what causes rollovers? A number of these accidents happen when a driver loses control of their vehicle and it begins to slide sideways. When this happens, an object such as a curb, guardrail, or uneven ground could cause the vehicle to roll over. Rollover accidents can also occur when a driver attempts to turn the vehicle quickly. The friction between the road and the tires in such cases may cause the vehicle to tip and roll over. Rollovers involving multiple vehicles are also common. This is where one vehicle may collide with another.
A car manufacturer is frequently held liable for a rollover accident. Some vehicles are built in such a way that they are highly susceptible to rollovers. Individual vehicle components may also contribute to a rollover; for example, poor tires might make it much simpler for an impediment to create a "tripped" rollover. Furthermore, even if the rollover was not caused by the manufacturer's negligence, the injuries incurred in a rollover may be the result of the manufacturer's negligence. In the case of a rollover, a vehicle's roof should be constructed and reinforced to protect the occupants; if a manufacturer skimps on safety, the people involved could suffer far more serious injuries. Of course, the driver of the rollover vehicle's irresponsibility may also be taken into consideration. Whether it's driving at a hazardous speeds or driving while intoxicated, rollovers may result. Liability may also be from companies or governments who are in charge of upkeep in the roads. Another liable party may be the driver. Driving at high speeds or intoxicated may also be the cause of such accident. The driver's seatbelt should always be worn for safety reasons; wearing one may prevent an injury from happening if there is a rollover or collision with another car or object.
We are familiar with the complicated legal concerns that arise in rollover accidents. Your life may have been altered by the accident, and you may face new challenges in the future, but you do not have to face them alone. Hire a law firm that understands how to deal with your case. Please contact us at 310.943.1171.
These actions result in violations of the civil rights of the plaintiff, guaranteed by the U.S. Constitution, such as the right of the freedom from unreasonable searches and seizures, right to privacy, etc.
The respondents are police officers, sheriffs, other officers, representing law enforcement agencies. A bright example of police brutality is the use of excessive force by the police. This misconduct usually happens when the police try to arrest someone. As to the law, the police can use force during an arrest, however, only such force is reasonably necessary for the arrest. Taking into account the fact that the victim can run away from the police, can resist, etc. On a case-by-case basis, courts consider whether the use of force was reasonable and proportionate to the arrest, or whether the use of force surpasses the necessary and desirable threshold.
Though we live in a developed society of the 21st century, racial profiling can still be an issue. Everyone enjoys equal protection under the law and racial profiling cannot serve as a ground to suspect people of committing a crime. A person can file a lawsuit against the police officer if he proves that the unlawful detention, searches or seizures, or other actions conducted by the police officer were based on racial profiling.
An arrest is when someone's freedom of movement is intentionally restricted. The person is forced to stay or go somewhere against his will as a result of the deprivation. A false arrest occurs when a peace officer has no legal authority to make an arrest. False arrests are a violation of the victim's right to due process under the Fourth Amendment. False imprisonments are another name for them. They may occur when:
Without a warrant, some victims are detained. In these situations, the officer must demonstrate that he or she had probable cause. This necessitates demonstrating that there was reasonable cause to believe the person arrested had committed one of the following crimes:
Other arrests are made on the basis of a warrant. Even if the warrant was invalid, these could still be false arrests.
If the police officer found evidence during the misconduct (for example, during unlawful seizures and searches), the plaintiff can ask the court to exclude such evidence from the case. Other types of claims are possible to file against the police officer. The plaintiff can file a section 1983 claim or Biven’s lawsuit against the police.
Section 1983 claims can be filed for violations done under color of law, which means, conducted acts are legitimized by and are related to the role of the officer. Such lawsuits can be filed to receive such remedies as compensation for caused monetary damages or injunction by the court. Biven's claim is quite similar to the section 1983 lawsuit. However, it can be filed against such federal actors as DEA (Drug Enforcement Agency) FBI officers.
Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
According to the text of the law, it does not matter whether you are a licensed or a non-licensed contractor; you shall be certified to conduct the works mentioned above, as your license does not automatically enable you to conduct asbestos-related or underground tank works.
The above-mentioned section is a misdemeanor. In case you commit the violation for the first time, it can result in:
If you violate the relevant section for the second or subsequent time, this can lead to:
In accordance with the aforementioned sanctions, the judge has the authority to grant probation to the defendant.
Under the California Business and Professional Code, among the related offenses is contracting without a license under section 7028 of the Code. The relevant section makes it a crime for the person to:
The offense is a misdemeanor offense and has these charges:
There are several defenses you can raise to protect yourself from further penalties under the relevant section. Examples of such defenses will be if you were not a contractor while performing the forbidden actions. This means you have not entered into a contract to perform these activities. This defense may work as section 7028.1 applies only to contractors. It can also be if you have not committed the actions knowingly. For example, you touched upon asbestos in the middle of the performance of other types of work, you performed actions not understanding that you are currently dealing with the mentioned material. You can also use types of such defenses as proving that the police applied overbearing measures to coerce you into confession, with the help of which the judge may exclude the confession from other evidence. It is also possible to try to prove that you are falsely accused of violating section 7208.1 of the California Business and Professional Code.
When dealing with hazardous materials such as asbestos and underground storage tanks, it’s critical to understand the legal requirements in California. The certification ensures that workers have the knowledge and skills necessary to handle these dangerous substances safely, preventing health risks and property damage. Certification also guarantees compliance with state laws, which aim to protect workers, property owners, and the environment. Without proper certification, individuals may face legal penalties, including fines or jail time. Thus, obtaining proper certification is not just a legal necessity but also an ethical responsibility to ensure safety.
To avoid violations under Section 7028.1, contractors must prioritize staying informed about certification requirements for asbestos and underground tank work. Ensure all employees involved in such projects are properly certified and meet the necessary safety standards. Contractors should regularly review the latest regulations and training opportunities to maintain compliance. Additionally, it’s crucial to avoid unlicensed work, as operating outside of these boundaries can lead to severe legal consequences. A proactive approach can help prevent penalties, fines, and potential jail time while ensuring safety and legal integrity in all projects.
Note that it is essential to have a good defense to mitigate or even dismiss a charge against you. Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Besides the above mentioned, the law also qualifies as criminal such actions as not reaching the recipient but leaving a message to call back. In this case, when the recipient calls back and the person uses obscene language or threats in the phone conversation, this will be qualified as a violation under section 653m.
The most important element to criminalize the action is the presence of intent. This means that the person using this language or threatening shall have an intent to annoy or harass the recipient of the communication. For example, in case 2 friends in their usual conversations use “obscene” language. They argue, and after that one of them calls and texts again using this language. The other friend cannot claim that the use of obscene language, which has always been a usual element in their conversations, had the intent to harass him. Let’s also examine another situation. In case me and you have a common best friend and once we make a joke of calling and threatening to kill her the dog, and after several days we tell her about this joke, this will not be qualified as annoying calls and violation of the relevant section, as, there is no intent to annoy or harass our best friend.
The answer is again- the intent. For example, if every week you receive a call from an insurance company offering their new health insurance package, you cannot sue them for making annoying calls as they do not have the intent to annoy or harass you. Calling potential customers is their usual course of business.
Violation of section 653m is considered a misdemeanor. The punishment for such violation can be a conviction of up to six months in a country jail or a penalty in the amount of up to 1000 dollars. The defendant may also be sentenced to misdemeanor probation. As defense tools, it is possible to claim that the intent of communication was not to annoy or harass the person. Moreover, it is also possible to claim that the language was not really "obscene". Don't forget that anyone has a right to freedom of speech by the Constitution. Thus, sometimes, qualification of the communication as having "obscene" language can violate the constitutional right of a person.
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
This section regulates that it is an offense to emit any air contaminant negligently, which may violate state laws or other relevant regulations. Penalties for violation of this section Under relevant legal regulations, the committed actions shall include punishment by:
This section states that it is a crime for the defendant to emit an air contaminant in violation of state laws, and to commit the action knowingly. Penalties for violation of this section The violation of section 42400.2 charges the party and includes these punishments:
Under this section, it is a crime for the accused person or an entity:
Penalties applied for violation of this section The punishment of the violations of section 42400.3 includes :
Under the mentioned section, it is considered to be a crime for the defendant to:
Penalties applied for violation of this section The punishment of the violations of the mentioned section includes:
This Section is a part of the programs of the Environmental Protection Agency of the US, namely Title V permit programs, which issue permits to the entities to help limit the emissions of air contaminants. Penalties for violation of the relevant section No imprisonment as a penalty applies to the above-mentioned section. The accused shall be subject to the imposition of a fine in the amount of not exceeding 10000$. Are there any defenses to overcome penalties imposed by the relevant regulations of law?
If you have any questions, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
These chemicals are often found in industrial cleaners, automotive fluids, and other household or commercial products.
Importantly, flammable liquids are also covered under this statute. To qualify, a substance must have a flashpoint of 150°F or less, meaning it can ignite quickly and inflict serious harm when misused.
To secure a conviction under Penal Code 244, prosecutors must demonstrate four essential elements beyond a reasonable doubt. These elements, as explained in CALCRIM 877 Jury Instructions, are:
Intent is a critical factor in these cases. The law applies only when the accused deliberately uses a harmful substance to injure or disfigure another individual.
Suppose someone, trying to escape a robber, tosses a liquid to distract them. If the liquid unintentionally contains acid and injures the robber, the person may not be guilty under Section 244. There was no intent to disfigure or injure, which is a necessary element of the offense.
In contrast, imagine a woman in an argument with her neighbor throws a chemical in their face while yelling insults. If the chemical causes burns or scarring, and there’s evidence of intent to harm, prosecutors are likely to charge her with felony assault under this statute.
Because of the severe potential consequences, this offense is classified as a felony in California. Penalties include:
If probation is granted, the court may impose additional conditions such as:
Although these charges are serious, several valid defenses may apply. Some common strategies include:
If the defendant had no intention to harm or disfigure the other person, the charges may not stand. Accidental contact, even if harmful, does not satisfy the required intent.
If the accused acted to prevent imminent harm to themselves or another person, that justified use of force can be a strong defense.
Mistakes can happen. For example, if someone accidentally spilled a chemical while handling it responsibly, that does not amount to an assault.
Several other California laws may be charged alongside or instead of Penal Code 244, including:
If you’re facing a felony charge for assault with caustic chemicals, don’t wait. The stakes are high, and early legal representation can significantly impact your case outcome. A knowledgeable criminal defense attorney can evaluate the evidence, protect your rights, and advocate for the best possible resolution.
On the other hand, if you were injured by someone else’s use of caustic chemicals, you may have a valid personal injury claim. Victims often face long-term medical treatments, lost wages, and emotional trauma. The attorneys at KAASS LAW help victims seek compensation for:
Call us today at (310) 943-1171 for a free consultation.
Learn more here: KAASS LAW – Glendale Personal Injury Lawyer
Assault with caustic chemicals is among the most serious forms of assault in California. Defined under Penal Code Section 244, it requires a clear intent to injure or disfigure using harmful substances. Whether you’re facing charges or were injured in such an attack, understanding the law—and taking action—can make all the difference.
Yes, in specific circumstances. Employers have a legal duty of care to maintain a safe workplace. If they neglect this duty, they can be held liable for damages caused by coworker assault. Here are two main scenarios that may support a claim against your employer:
The employer has a duty of care to establish a safe working environment, as emphasized by OSHA workplace violence prevention guidelines, and may be held liable if this duty is breached.
Filing a civil lawsuit and a criminal complaint are separate legal actions. You can pursue one without the other. However, reporting the assault to law enforcement is often beneficial, as criminal case evidence can strengthen your civil claim.
Additionally, when you report the incident, you protect yourself and other potential victims by bringing workplace violence to light. Legal professionals recommend documenting everything: save emails, messages, medical records, and any witness statements that support your case.
Victims of coworker assault may be entitled to several forms of compensation, particularly if the assault results in physical or emotional injuries. Compensation may include:
Because assault in the workplace is often considered a work-related injury, workers' compensation may also be available depending on your employer’s coverage. However, civil lawsuits allow broader damages compared to the limits of workers’ compensation.
It's important to be cautious when taking legal action against a coworker. In some cases, the accused may file a defamation counterclaim, arguing that your allegations damaged their reputation. To avoid this risk, always ensure your claims are supported by documented facts and filed in good faith.
This is another reason why professional legal support is vital. A skilled attorney will help you present your case correctly, defend against counterclaims, and pursue the maximum compensation available.
Facing workplace violence can be frightening and overwhelming. You may be unsure of your rights or how to proceed. That’s where a knowledgeable employment lawyer can make a big difference. From negotiating settlements to representing you in court, an attorney ensures that your rights are fully protected.
If you or a loved one has been assaulted by a coworker, you don't have to face it alone. At KAASS LAW, we provide compassionate and aggressive legal representation for victims of workplace violence. Our team can help you pursue justice and secure the compensation you deserve.
Call us today at (310) 943-1171 for a free, confidential consultation.
Learn more at KAASS LAW – Glendale Employment Lawyer
Coworker assault is a serious matter that should never be ignored. Whether it’s verbal threats, physical aggression, or intimidation, every employee has the right to a safe and respectful workplace. If you’ve been the victim of workplace violence, take action today. Report the incident, protect your rights, and seek help from a trusted employment lawyer.
The main plaintiff is the patient-who suffered from the actions of the doctor. However, the victim's family members, even domestic partners, or legal heirs can also act as a plaintiff for such a lawsuit. Anyone who's been the target of one of the following offenses can sue the doctor who caused them harm:
The injury claim continues the criminal proceedings against the doctor. So, the victims of such crimes as sexual assault, rape, statutory rape, sexual battery, nonconsensual sex, touching, etc. can file for this lawsuit. In case the criminal proceedings succeed, the civil lawsuit automatically shall become easy, the civil claim can use evidence gathered during the criminal proceedings as well. One of the features of a civil claim is that the latter requires a lower standard of proof. While filing the civil claim, the victim needs to show that there were damages.
Under California law, you can file for this kind of lawsuit in 2 years period from the date of the commitment of the assault. In case the victim was assaulted while being a child, the term for filing for the civil lawsuit extends to his 26th birthday or 3 years after the discovery that the victim had a psychological illness that occurred after the victim of abuse turned 18, and that this illness was a result of that particular abuse. What compensation can the victim receive if they file the civil lawsuit? The compensation types which are possible to receive include the recovery of:
If you or a loved one has been harmed as the result of sexual assault, then you may be entitled to compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. A sexual assault lawsuit is an extremely complex legal process in which plaintiffs are suing doctors who was not competent at their work place. Please feel free to give our office a call at 310.943.1171.