If you’ve been a victim of a crime in California and are considering pressing charges, it’s important to understand the legal process involved. Knowing “how to press charges on someone in California” can help you navigate the complexities of the legal system and seek justice. With help from the compassionate team at Ewing Law Group, PC, you can ensure that your case is handled with knowledge and care.
Ewing Law Group, PC, is dedicated to providing personal attention, experienced counsel, quick turnaround times, and affordable rates to assist you through this challenging process. However, if you find yourself accused of criminal charges, our experienced Sacramento criminal defense attorney can also handle your criminal defense case from start to finish.
Contrary to popular belief, citizens in California (like in most US States) aren’t the ones to officially press charges but instead report crimes to police. The police investigate and send matters (along with their findings) to the District Attorney (DA). The DA can decide whether to file charges depending on the evidence.
File a Report: To initiate the process of filing charges, report the crime to the police. The more detail you can provide in your report, the better – information about the assailant, the nature of the act, details about the scene, witnesses, and any evidence present and discovered will be helpful to the police investigation.
A Police Investigation: The police will investigate the crime once you report it. They will interview anyone they think could have information or was a witness, collect evidence, and possibly arrest the offender. The thoroughness of the investigation can make or break your case.
Filing Charges: Upon completion of the investigation, the police will submit their report to the district attorney’s office. After going through the contents of the report to get the information, the district attorney’s office will decide whether to file charges based on the evidence provided by the police. In case they decide to file charges, they will file charges formally, and the case will be forwarded to the justice system.
Arraignment: After charges are filed, the suspect will be arraigned and formally charged. It is at that point where they are given the opportunity to enter a plea (guilty, not guilty, or no contest). Bail may also be set at this time.
Pretrial and Trial: Following the arraignment, the case will enter the pretrial phase, where both sides can negotiate plea deals, file motions, and prepare for trial. If the case proceeds to trial, both sides will present their arguments, and then a judge or jury will issue a ruling.
When charging a criminal case, the prosecutor in California must generally be satisfied that three conditions exist. First, the prosecutor must believe that there is probable cause for the charge. Second, there is sufficient admissible evidence to prove the case beyond a reasonable doubt. Third, that the criminal charge is in the interest of justice. These conditions ensure that the decision to charge a criminal case is both fair and just and also legally sound.
After filing charges, a prosecutor should continue to pursue them only if he/she has an honest belief that probable cause exists and that the admissible evidence will be sufficient to support a conviction beyond a reasonable doubt. If at any point a prosecutor has a serious concern that the accused may actually be innocent, or if the quality, truthfulness, or sufficiency of the evidence becomes questionable, they should alert their office to determine if the charges should be dropped.
A: The statute of limitations on filing charges in California depends in part on the type of crime. If, for example, it is a personal injury claim, the charges would have to be brought within two years. If the claim was regarding damaged property, the case would need to be initiated within three years of the incident.
A: If you’re a victim in California, you don’t have any say in whether someone is charged with assault. In the United States, the district attorney makes that decision. After a crime is reported, he or she will make up their mind whether or not to pursue the case, regardless of the victim’s wishes. However, the victim’s cooperation can greatly impact the outcome.
A: In California, before filing a criminal charge, a prosecutor must 1) believe that there is probable cause, 2) that there are sufficient admissible facts to prove the charge beyond a reasonable doubt, and 3) that filing charges furthers the interests of justice. A prosecutor who has significant doubts about the guilt of any defendant should not pursue the case.
A: In California, assault is an attempt along with the ability to violently harm another person. For example, if someone tries to punch you or pulls out a gun and waves it at your face, that is considered present ability. The person who threatens you must actually be able to cause harm. Other valid examples of assault can range from throwing objects to cornering someone.
When a crime occurs in California, initiating charges is a multi-step process that starts with a report and, depending on several factors, can culminate with a jury trial and conviction. In some cases, time is of the essence. Due to the nature of the crime, and based on statute and case law, you are required to take action within a designated period or risk the case being dismissed. Familiarizing yourself with the process and its exact steps will help you better make well-informed decisions.
At Ewing Law Group, PC, in Sacramento, you can count on an experienced team with the professionalism and personal attention needed to successfully guide you through this challenging and alarming matter. If you have been the victim of a crime, call Ewing Law Group, PC, and schedule an appointment to start moving forward today.
After a serious accident, there are many losses that you can experience, such as losing a car or wages. Many costs can be easily valued, such as the repair bills for the car or the amount of lost wages. However, some losses are not easily calculable. Pain and suffering is another loss that you may have as a result of an accident. Many people often ask, “Can you sue for pain and suffering in California?”
Pain and suffering, in legal terms, means that a person has experienced physical discomfort and emotional trauma. However, any form of mental issues or physical issues that result from a personal injury accident can be included within this label.
Pain and suffering damages are a form of non-economic damages for which individuals can make a claim. It is possible for a victim of a personal injury case to receive compensation for these non-economic damages, even if it is more difficult to establish a monetary value on them. If you have experienced an accident and wish to file a personal injury claim, it is suggested that you hire a Sacramento personal injury attorney to assist you.
There are several factors to consider when evaluating your pain and suffering damages, including:
There are several different types of pain and suffering injuries for which a person can file a claim. Some of these include:
Additionally, pain and suffering can involve things that you are no longer able to participate in or enjoy due to the accident. Losses of enjoyment, quality of life, and companionship fall under this category. If you wish to receive compensation for these losses, you must provide evidence that you have suffered these damages due to the accident.
It is difficult to give an exact financial value to pain and suffering damages, as they are not necessarily tangible damages. They are much different from a car accident resulting in a totaled vehicle or a damaged bike after a bicycle accident. As there are no set formulas to determine non-economic losses, there are other factors that can be evaluated to come to a fair compensation amount. Some of these include:
With the help of a personal injury lawyer, you will need to put together evidence to help prove the emotional and physical damages that you have experienced.
A: There are several factors that can affect your pain and suffering claim. These may include:
A: The new law for pain and suffering in California allows the victim's loved ones or their estate representative to continue the victims' claim for pain and suffering damages, even after the person’s death. If a victim’s damages are not settled before their death, that victim’s family member or another representative may continue to go forward with the case through survival action.
A: The way to prove emotional distress is to document as much as you can. This includes all of your medical records, such as any therapy sessions or any diagnoses related to your mental state after the incident. It also helps to include anyone who can serve as a witness to testify, as well as written evidence, such as journal entries, regarding your mental state after the accident occurred.
A: Yes, you can sue someone for emotional distress in California. Two examples of claims that you may file are the intentional or negligent infliction of emotional distress. Intentional infliction claims involve a case where the defendant has purposefully caused harm to the plaintiff. Negligent infliction involves cases where the defendant does not purposefully harm the plaintiff.
Some of your losses after a serious accident are not easily calculable. It is helpful, then, to have the aid of a Sacramento personal injury lawyer to maximize the compensation that you are entitled to. Contact the Ewing Law Group, PC, for assistance with your case.
Being a victim of or witnessing a tragic or distressing event can leave a person with scars that go beyond what the eye can see. Sometimes, these types of injuries can far outlast the physical ones. It has often been asked, “Is emotional distress considered personal injury in California?”
The state of California recognizes that emotional distress is a relevant and important thing to be considered in cases of crime and disaster. However, receiving the appropriate compensation for emotional damages can be tricky, which is why it is important to seek the counsel of an experienced Sacramento personal injury attorney.
The term emotional distress can have a broad meaning when used in legal terms. For this reason, the Judicial Council of California Civil Jury Instructions has defined this term to include, shock, nervousness, anxiety, grief, suffering, worry, shame, anguish, fright, humiliation, and horror. If your experience can be described by any of these examples, there is a possibility that you can receive compensation for that.
In order to claim emotional distress, you must prove the distress that you are experiencing. Medical records, police records, and eyewitness testimony can be helpful evidence. It must also be proven that the defendant’s actions were outrageous and caused more grievous harm than annoyance or hurt feelings would.
Inflicting intentional emotional distress is when an individual’s actions were reckless, and the defendant knew that what they were doing would almost certainly bring harm. The defendant could also be found responsible for emotional distress through negligence but without intent. Claiming emotional distress is possible by showing that you suffered emotionally as a result of one of these two conditions.
Although each case is personal and different, some common cases in which compensation for emotional distress may be awarded include:
These are only a few examples of common cases in which someone may receive compensation for emotional distress. This is not an exhaustive list, and if you believe you may be entitled to emotional distress compensation as the result of another form of crime, it is important to speak with a personal injury attorney.
Compensation is generally divided into punitive or compensatory damages.
Personal injury lawyers are often equipped to handle a variety of types of cases. For cases concerning emotional distress, their focus is on tort law, which is the area of law dedicated to harm caused by wrongful action. An attorney may be able to help you prove your need for compensation by gathering evidence such as medical files and reports, witness statements from the incident, and information from mental health medical professionals who may shed light on your particular condition.
In addition to helping you get the compensation you deserve, an attorney will also be able to help you navigate the complex legal waters of going to court and completing necessary paperwork. They can help you understand what your rights are and what courses of action you are entitled to take. Sometimes an attorney can even work with the defendant’s team to settle a case before it reaches the courtroom.
A: Emotional distress does fall under the category of personal injury. In any situation where physical harm is inflicted or witnessed, there is a chance that emotional and mental injury has occurred as well. If you can prove liability for the cause of the damage, you may receive compensation.
A: You can sue for emotional distress in California. If you have suffered emotional damage due to the actions of someone else, you can start a claim for compensation. The courts in California officially recognize the seriousness of emotional distress in cases of intentional or negligent infliction. It is wise to enlist the support of a personal injury attorney to help you prove the necessary elements in an emotional distress claim.
A: In California, emotional distress damages are not calculated by any specific standard of measurement. In order to determine emotional distress damages, the court will look at other factors within the case, such as the severity of economic losses, physical damages, and even the intentions of the defendant. Receiving a particular diagnosis in regard to emotional distress can also impact the compensation awarded.
A: While California does not technically impose a cap specifically for emotional distress damages, there are other specifications about compensation that may affect someone suing for emotional distress. For example, in cases of medical malpractice, a victim is only able to receive up to $250,000 for non-economic damages. For this reason, it is important to ask for the help of an experienced personal injury attorney to ensure you receive the maximum in damages.
If you or someone you love has experienced emotional distress because of the actions of someone else, it is important to seek compensation. Emotional damage can be equally or more severe than physical damages. Contact Ewing Law Group today to learn more about how our attorneys can help you get the appropriate compensation that you deserve.
The health and safety of you and your family is likely one of your highest priorities, as it should be. You do all that you can to keep yourself safe, but unfortunately, staying safe is not always within your control. Other people’s decisions can affect your health and safety. When this happens, you have the right to take action and file a claim. You will also need to seek out a Sacramento personal injury attorney.
For victims of an injury that occurred due to someone else’s negligence, personal injury law is on your side. This law allows individuals to receive financial assistance to aid in medical bills and provide support for the pain experienced. A settlement for a personal injury case differs depending on the severity of your injury. To receive a particular settlement amount, there are specifications that must be met.
How much you can sue for in personal injury in California is determined by the extent of your damages. Your compensation should cover the expenses that resulted from your injury, so the more expenses you incurred, the more money you should sue for. There are many things that factor into the total amount. Here are a few things that will affect the settlement:
Consulting with a Sacramento personal injury attorney can help you determine the settlement you deserve based on your circumstances.
One of the most common personal injury claims is car accidents, as it is relatively common to get into an accident due to a driver’s negligence. These types of accidents can have drastically different outcomes, as some are minor and result in slight injuries such as whiplash. Others result in more serious injuries with life-long effects. The amount of money that you can sue for depends upon the severity of the accident, the events leading up to the accident, and the seriousness of the injury.
On average, the amount sued for car accidents is around $21,000. However, this amount varies depending on your unique circumstances.
This type of injury can be a result of a business owner’s negligence if you have slipped and fallen due to a wet, slippery floor without being warned. This type of injury makes you eligible for suing for personal injury. The outcome of this type of accident also varies greatly, as some falls result in serious injuries. The average amount of slip and fall settlements is between $15,000 and $50,000, depending on the severity of the injuries.
Brain injuries are not only traumatic but can also have lifelong adverse effects. If you have experienced a brain injury due to someone else’s negligence or if someone purposely injured you, you have the right to sue for personal injury.
A wrongful death claim involves the loss of life due to accidents such as:
With a wrongful death claim, you can receive financial support for funeral services and the loss of your loved one’s income. You can also be reimbursed for any medical bills from the incident. While it won’t resolve the trauma and suffering, you can also be reimbursed for the pain experienced by the deceased after the incident and the emotional trauma you experienced as a result of losing them.
This claim can help hold the defendant responsible while also having them pay for all damages resulting from the death. The amount that you may request for damages may be up to one million dollars in rare cases, but it is dependent upon the factors leading to death.
A: In California, you can receive the total of the costs that resulted from your accident in a personal injury settlement. Keep in mind that the settlement amount varies depending on the severity of the accident and your injuries. For minor injuries, you may receive a settlement between $5,000 and $25,000. For a moderate injury, a settlement can be between $25,000 and $100,000. Severe injury settlements can be from $100,000 to $1,000,000.
A: You have two years after the injury occurred to file a personal injury claim in California. It is suggested that you file as soon as possible, however, because the sooner you file, the more evidence you will have. It may be possible that the defendant will try to pass blame on someone or something else for your injuries if you wait for an extended period of time to file a claim.
A: The amount of money you should ask for in a settlement depends on several factors. If your injuries are severe and will take you a considerably long time to recover from, you are able to ask for a higher settlement. Each case involves different circumstances, so it is suggested that you discuss your case with a personal injury attorney to determine a specific settlement amount.
A: It can take anywhere from three to twelve months to settle a personal injury case in California. A case will typically move quicker if you have legal representation. There are things that can delay the process, however, such as the severity of the injury requiring medical evaluation, complicated legal issues, and insurance companies determining settlement amounts.
Life is unpredictable, and unfortunately, another person’s negligence can cause you injury. If you have experienced an injury due to someone’s poor decisions, take action and file a claim. Contact Ewing Law Group, PC, where we can do everything possible to protect your rights.
Injuries of any kind can be severe and very disruptive to your overall well-being and day-to-day activities. Accidents happen, but sometimes injuries are the result of someone else’s reckless, negligent, or careless behavior. If your injuries are the result of any of these circumstances, you may have the right to file a claim against those who are responsible.
These types of injuries can be because information has been omitted or because of intentional harm. Any injuries of this type, regardless of their causation, are argued under personal injury law. This specific practice is not criminal but civil because it seeks to gain compensation for financial, physical, or emotional impacts.
Unfortunately, filing civil claims cannot quicken the recovery process, but it can seek to support the collateral impacts of such injuries, including help with medical bills, lost wages from work, and compensation for any pain and suffering you may have experienced.
Not every injury is considered a personal injury. There are specific circumstances that qualify an injury to be eligible for a claim. At the same time, there are many injuries that people may incur that are left uninvestigated because they don’t think it is a personal injury.
Common types of personal injury include:
These situations, and many others, are a matter of circumstance as to whether or not they fall under personal injury. Some mitigating factors for certain types of injuries could be considered in a workers’ compensation claim. However, an injury cannot be claimed as both personal injury and workers’ compensation.
Other mitigating circumstances include the victim’s role in the injury. If, for example, a person is walking outside and comes across a dog in a yard. The person instigates the dog, thinking it is safely restrained, but the dog frees itself and bites the person. The victim can be considered to blame for any injuries suffered, which then negates any opportunity for a personal injury claim.
Suppose someone visits a private residence and falls through a faulty railing on the porch. They were not informed of the faulty railing, but the homeowner was aware of it. The victim may be entitled to file a claim against the homeowner for negligence. In this same scenario, if the victim was told that the railing was faulty before leaning on it, they would likely not have a valid personal injury claim.
In any personal injury claim, there is an understanding of reasonableness in terms of notifying someone of potential injury. So, if reasonable attempts were made to warn of the danger, it negates any neglectful responsibility that they have.
Negligence is not as cut and dry as it sounds. California has adopted a comparative negligence system. This means that there can be multiple parties responsible for an injury, and each party is only responsible for their share of an injury. Some cases could prove a defendant is 100% responsible for the injury. However, the victim in these claims can also be held partially responsible.
There is a two-year statute of limitations on most personal injury claims. Some claims, such as medical malpractice, are significantly shorter, which is why there is a need for expediency in finding an attorney to help.
Shorter limitations are also in place if the negligent party is a government entity, where personal injury claims must be filed within six months.
However, California does have elements in place to protect the injured, particularly if they don’t realize an injury has occurred right away. Some circumstances allow them to file a claim under extended limitations, which allows them to file up to one year after the injury is discovered.
A: Bodily injury is a term used to describe specific insurance coverages that are a part of property, homeowner, and automobile insurance policies that help to financially protect a person if they injure another. Personal injury is the civil claim filed by one person against another person, business, or other entity they feel is negligently responsible for injuries suffered.
A: There are four parts of a personal injury claim that need to be proven. First, establish the presence of duty (there was a responsibility of care). Second, prove there was a breach of that duty. Third, the claimant needs to prove there was physical, emotional, or financial injury. Fourth, there needs to be evidence that the defendant was the cause of the claimant’s injuries.
A: Personal injury claims can be the result of many different types of injuries. Such injuries include those sustained from car accidents, bike accidents, dog bites, manufacturer product malfunctions, construction site injuries, or dangerous slip and falls. These injuries, amongst others, can all be the result of negligent behavior.
A: One of the first steps in any personal injury case is to make sure you seek medical treatment. Having your injury documented and evaluated by medical professionals will help to establish the presence of an injury and probable cause for how the injury was sustained. In addition, your claim may need to take into account any long-term care that you may need for your injuries.
Personal injury litigation can be complicated because of the circumstances of your claim. If you are injured and feel it is due to the negligence of others, contact Ewing Law Group, PC and let our knowledgeable and experienced attorneys review the details of your case. We can help you get the compensation you may be entitled to.
Personal injury accidents cause serious injury and death in Sacramento and around the country. If your injury could have been prevented with proper care from another person, you may have a personal injury claim. There are several types of personal injury claims that are filed all around the nation. Understanding some common types of personal injury cases may help you understand if you could receive compensation from your claim.
A: Common injuries in personal injury claims include broken bones, burns, internal bleeding, and spinal cord injuries, which can create neck and back injuries, disfigurement, and loss of limbs. One of the most severe injuries is a traumatic brain injury, which most often occurs from car accidents or serious slip-and-falls. Post-traumatic stress disorder is a common emotional injury in these claims.
A: A slip-and-fall accident that isn't fatal could result in a settlement from $15,000 to $50,000. This amount depends on the severity of injuries sustained and how permanently they'll affect you. If you had any fault in the accident, this would lower the damages you receive. Your compensation also depends on other factors, including how much income you received prior to the injury and your capacity for work following the injury. An experienced attorney will argue for higher compensation.
A: The amount you receive in a settlement depends on a number of factors and could range anywhere from $3,000 to $70,000. The average settlement for a car accident is around $20,000. The more severe and lasting your injuries, the higher settlement you're likely to see. An attorney will be able to argue for a higher settlement, whether through out-of-court negotiation or through a trial.
A: If you suffered harm, damages, or death as a result of another person’s negligence or carelessness, you could file a personal injury claim. This type of civil claim is meant to collect damages for physical, mental, or emotional injuries. If you lost a loved one from the carelessness of another, you could file for wrongful death in place of a personal injury claim they would have filed if they had lived.
Being injured by another party’s negligence is upsetting, and it’s made worse when you have to deal with insurance claims and medical bills. When you file an injury claim, an experienced personal injury attorney is needed for you to receive the most damages. At Ewing Law Group, PC, we provide our clients with personal attention and want to help them receive the compensation they deserve. We provide a quick turnaround and affordable rates and want you to get the most possible to cover the harm done to you. Contact Ewing Law Group, PC with your personal injury case.
