Personal injuries refer to legal damage at the mental, bodily, and/or emotional level caused to a person by the actions or omissions of a responsible third party (natural or juridical person). Consequently, victims of these injuries have the right to file a personal injury civil lawsuit to claim compensation.
The amount of compensation depends on the magnitude of the injuries and the type of damage or injury caused. It seeks to compensate the victim for the losses suffered and restore the situation in which he was before suffering the injury.
Personal injuries can occur in many ways, from car accidents, dog bites, defective products, and even intentional acts such as physical assault.
Many of these claims are covered by insurance. However, when the defendant has no money or refuses to pay, the law provides specific means to enforce the sentence depending on the case. For example, a driver’s license may be revoked, or a percentage of the defendant’s income garnished.
Assault Personal Injury
It involves two types of situations:
- Aggression or assault occurs when a person tries to cause harm to another using threats, gestures, or actions without reaching physical contact.
- Physical aggression occurs when a violent act is committed against another person, making illegal use of physical force or other objects, in a mild or serious way. This can go from offensively touching a person with the intention of causing harm to domestic violence situations.
Both of these types of assault are misdemeanors in California, and the penalties include:
- Compensation to the victim proportional to the damage caused by the convicted person. For example, the amount to be restituted for physical assault can be up to $1,000.
- Prison sentence and fine. From 6 months to a year in prison in county jail and a fine of up to $2,000.
- 10-year ban on the use of firearms.