Q: Why is it difficult to obtain a personal injury lawyer?San Diego CA
I am victim to assault battery crime . Suspect never arrested, just later charged when I went to speak to Sgt .( Which I was not allowed due to police telling me that going to the hospital more important due to my injuries.)
I have called many lawyers and none have taken because I didn't " slip and fall " so they can't go after her home owners insurance. But why not? It wasn't my intention to fall. It was an accident , whether she meant to knock me to the concrete is questionable because how does she know if I'm going to fall after ducking and protecting myself from her hits to me?
If I cannot find Lawyer , then it's fair to say that she got away with it or what method can I do that she pay for damages to my face and head and back ?
And why was she not arrested but charged? It's like if the suspect isn't arrested at the scene , they probably will not be arrested ever.suspect works for a college. Is there not code conduct I can report to someone there ?
A: Don’t blame it on the lawyers. Intentional torts like assault and battery are generally NOT covered by homeowners insurance. Full stop. End of analysis. Just bc she has not been arrested doesn’t mean she won’t be arrested once the investigation is completed. Her bf does not have a duty to protect 3rd party’s from harm. Sorry if you don’t like the answers you’ve received by lawyers you have consulted with but it appears the advise you have received is consistent with the law. Insurance only covers non-intentional torts.
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A:
I'm sorry to hear about your situation; it must be incredibly frustrating. Finding a personal injury lawyer can be challenging in assault cases because many lawyers focus on cases where they can recover damages from insurance policies, like slip and fall accidents covered by homeowners insurance. In assault cases without clear insurance coverage, lawyers may be hesitant because collecting damages directly from an individual can be difficult.
Even if you can't find a lawyer willing to take your case on contingency, you still have options. You might consider filing a civil lawsuit against the person for your injuries to seek compensation for medical bills and suffering. Additionally, you could contact victim advocacy groups or legal aid organizations in your area for assistance or guidance.
Regarding the suspect not being arrested at the scene, it's not uncommon for arrests to happen later, especially if the police prioritize immediate medical attention for the victim. Since the suspect works at a college, you can report the incident to the college's administration or human resources department, as many institutions have codes of conduct that address off-campus behavior. They may take disciplinary action based on their policies.
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