Individual safety is crucial in a society where anyone can be a victim of a violent crime at any moment. Violent crimes are criminal offenses that involve using force, or threatening to use force, to physically injure or harm someone. These incidents can be minor or, increasingly, severe, and they are usually intentional. A California personal injury attorney can help you obtain compensation for damages caused by these offenses.
Often, personal injury cases involve car accidents, medical malpractice, or slip-and-fall injuries, but violent crimes also fall under personal injury. As a victim of such a crime, you have a right to seek out justice for all your pain and suffering. Having an experienced California personal injury attorney on your side can heavily increase your chances of receiving compensation for any hardships you’ve had to deal with as a result of the incident.
Understanding Violent Crimes in California
California law lists the violent offenses that are categorized as violent felonies under Penal Code Section 667.5. However, not all violent crime cases are handled as felonies. This distinction is important because, generally, a crime that is classified as a misdemeanor may call for less harsh penalties for the assailant than a felony. Typical cases of violent crimes include:
- Assault – Assault is classified as a violent crime where someone intentionally threatens violence or causes reasonable fear of harm. In California, it’s not necessary for someone to actually touch or hurt you to be assaulted. If a person behaves in a fashion that can result in your harm, you may be able to file an assault claim. You can hold an individual accountable, even if they don’t cause you physical damage.
- Battery – Although assault and battery are usually used interchangeably, they are different offenses in California. Battery is intentionally touching someone in an offensive or harmful way.
- Rape and Some Other Sexual Crimes Involving Violence – Sexual crimes where the victim is forced against their will with violence or the threat of violence are typically eligible for a personal injury claim.
- Murder – Whether it’s premeditated or a crime of passion, any form of murder is a violent crime involving the unlawful taking of a life.
These are all situations where it would be helpful to seek out a personal injury attorney, whether you are a victim or you know someone who was victimized. Speaking with a lawyer can help you gain a better understanding of what legal options you can have and what course of action is right for your circumstances. It is important to note that every case is different, and a legal professional understands how to approach your specific case to get you the ideal outcome.
Filing a Claim With the California Victim Compensation Board
As a victim of a violent crime, it can be hard to figure out what to do in the aftermath of the incident. This is especially true when you’re overwhelmed by the myriad of emotions you may be feeling, and your capacity to make clear choices is clouded. It’s completely normal to feel fear, confusion, and anger after any kind of assault, but the sense of being lost may be the scariest.
It can be intimidating to get medical attention, report the crime to the police, or even tell someone you know about what happened, but these are all essential steps to take for your safety and if you decide to take legal action. Once you have supporting documents, you can file a claim with the California Victim Compensation Board (CalVCB). This can be the wisest decision you make for yourself, and you can receive substantial support.
CalVCB can provide you with compensation to help cover expenses like medical bills, mental health services, loss of income, and funeral costs. The complexities of the application process can be extremely overwhelming for someone who has just been through a trauma, so having the assistance of a skilled attorney to guide you can be greatly beneficial.
FAQs
Q: How Much Time Do Victims Have to File for Compensation Through CalVCB?
A: Victims of violent crimes have seven years after the crime happens to file for compensation with CalVCB or seven years after the crime could have been discovered. If a victim is under 21 at the time of the crime, they have seven years after they turn 21 to file. CalVCB may consider granting extensions to certain applications that are filed after the limit.
Q: How Much Compensation Can CalVCB Give?
A: CalVCB gives support to victims of crimes by offering up to $70,000 in compensation. There are also certain services that CalVCB will cover the expenses for. Even if you are not the victim of the crime, you can still have some services paid for if the incident affected you, but there is a limit to what services will be covered.
Q: What Are the Most Effective Programs to Help Victims of Crime?
A: California provides victims with several options for assistance, including the Victim/Witness Assistant Program, the Crime Victims Assistance Network, the California Homeless Youth Project, and many more. All these programs create a network of support for all crime victims, where their needs are met, and they are guided through recovery.
Q: How Long Does a Personal Injury Case Take to Settle in California?
A: There is no specific amount of time that it takes to settle a personal injury case in California. It can vary widely, and a number of factors can affect it, such as:
- The seriousness of the victim’s injuries
- The complexities of the case
- How quickly the involved parties can come to an agreement
In any personal injury case you undertake, you can approach your lawyer with any concerns you may have.
Reach Out to Guenard & Bozarth, LLP
If you or someone you know has been the victim of a violent crime in California, contact Guenard & Bozarth, LLP, for legal assistance with filing a claim for compensation. This is an important step toward getting your life back. You don’t have to deal with the legal process all on your own. These dedicated attorneys can assist you in your personal injury case, working with confidence, transparency, and empathy.
