Can I Still Seek Compensation for an Assault After 15 Months?

Question from HMagoo, Can I Still Seek Compensation for an Assault After 15 Months?

Answer from AI:

If you were assaulted by an employee at a recycling center in Stockton, California, and sustained a fracture to your ulna, you may be wondering about your options for seeking compensation and justice, even if some time has passed since the incident. Here’s what you should know:

Statute of Limitations for Assault in California

• In California, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. This means you typically have two years to file a lawsuit seeking damages for your injuries.
• For criminal charges, the statute of limitations varies depending on the severity of the assault. For a misdemeanor, the limit is generally one year, while for a felony, it can be longer.

Seeking Compensation

• You may have the right to file a civil lawsuit against the employee who assaulted you and potentially the recycling center if you can establish that the center is liable (for example, if the employee was acting within the scope of their employment).
• Compensation in a civil lawsuit can cover medical expenses, lost wages, pain and suffering, and other damages resulting from the assault.

Pressing Criminal Charges

• While you’ve already filed a police report, the decision to press criminal charges lies with the local prosecutor’s office. They will consider the evidence, including your medical records and the eyewitness account, to decide whether to pursue charges.
• If the statute of limitations has not expired for the criminal offense, you can still contact the police or the prosecutor’s office to inquire about the status of the case and express your interest in pursuing charges.

Responsibility of the Recycling Center Owner

• The owner of the recycling center may be held financially responsible if it can be shown that they were negligent in some way, such as failing to provide adequate security or hiring an employee with a known propensity for violence.
• This concept is known as “vicarious liability” or “respondeat superior,” where an employer can be held liable for the actions of their employees if those actions occur within the scope of employment.

Next Steps

1. Contact a personal injury attorney to discuss your case. An attorney can help you understand your legal options and whether you can still file a lawsuit.
2. Consider reaching out to the district attorney’s office to inquire about the criminal case and express your desire for prosecution.
3. Gather all relevant documentation, including the police report, medical records, and any evidence of the assault, such as photographs or witness statements.

Consulting a Legal Professional

Since legal situations can be complex and the success of your case may depend on specific details, it’s important to consult with a legal professional who can provide personalized advice. An attorney can help you navigate the legal system, represent your interests, and work to ensure that your rights are protected.

For more information on the statute of limitations in California, you can visit the California Legislative Information website.

Remember, while the information provided here is meant to give you a general understanding of your situation, it is not a substitute for legal advice from a qualified attorney.