A La Mesa man is accused of assaulting an older man who was talking on a cell phone while driving in a parking lot. Surveillance cameras captured the attack, which occurred in April and resulted in serious facial injuries to the 76-year-old victim, including broken bones. The defendant apparently has a history of driving-related violence, which will undoubtedly be taken into account in the aftermath of this road rage incident. He faces nine years in prison if convicted on charges of elder abuse and assault.
Often, when people think about personal injury cases, they tend to think about injuries that came as a result of an accident. While many personal injury cases do stem from accidents, injuries resulting from intentional acts can also be subject to civil action. Assault and battery are the most common sources of intentional harm. Assault does not necessarily require that contact even be made between assailant and victim — there merely needs to be a reasonable threat of harm. When harmful contact does take place, that’s when battery comes into the picture, although the extent of the harm doesn’t need to be significant.
However, a civil suit alleging assault or battery may not be worth the victim’s time and energy unless serious injury occurred. In cases in which an assault or battery results in injury, the victim should seek medical assistance right away. Being able to demonstrate and prove that the harm was both intentional and significant is key in such tort cases.
If you have been intentionally injured by another person, it’s important to remember that justice may not only come in the form of criminal penalties. It’s also possible to sue for civil damages as a means of being compensated for your injuries. The San Diego attorneys at Thorsnes Bartolotta McGuire have experience handling personal injury claims.