Legal Question in Personal Injury in California

Assault With a Deadly Weapon

Someone hit me in my car deliberately and left the scene. I got the plate# and filed the report. I now have his address. In civil proceedings, how can I get the maximum awarded in a small claims court? ($5,000). I want Punitive and pain & suffering on top of the vehicle damages. I know it may be hard to get but how can I ask the court or even come up with the right amount so that the court will take me serious? I don't know if I have a good enough case for criminal since I didn't get a good look at him and the color of his truck is not correct. Also, should I give a work address when going forward on this? since I don't want him to know my address.


Asked on 9/17/06, 12:45 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Assault With a Deadly Weapon

You don't pursue criminal matters, the DA makes that decision, and only if you filed a police report. If you didn't suffer physical injury and medical expenses, you're not entitled to any recovery much beyond car repair. If you did, and the amounts are substantial, you will need an attorney to get full value recovery, that's just the way the system works, especially if you are actually entitled to claim punitive damages for an intentional injury. Small claims are for matters too limited in value to have an attorney, and you sure won't get punitive damages there. Feel free to contact me if you have a substantial case and want to do it right.

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Answered on 9/27/06, 8:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Assault With a Deadly Weapon

Get a lawyer and file an additional claim against your own uninsured motorist coverage.

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Answered on 9/26/06, 9:00 pm
David Lupoff Law Offices of David B. Lupoff

Re: Assault With a Deadly Weapon

When you become a party to a lawsuit, usually your address will become part of the record.

Regarding your pain and suffering, etc., you would have had to suffer some sort of physical injuries, documented by a physician in a medical report.

Be careful about claiming that this act was intentional. Many, if not all insurance companies do not cover intentional acts committed by their insured. Therefore, there may be no money in the pot waiting for you. Perhaps your uninsured motorist may be a way to go with this.

If this is proven to be a criminal act, then there is a victim compensation fund, but I am not sure what you would receive, if anything at all.

At the end of the day, you really should contact a lawyer.

Please feel free to contact my office should you have any other questions. 818.385.0520.

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Answered on 9/26/06, 11:06 pm


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