Can I sue for personal injury as well as damages to my property from the defendant on our home invasion assault case? 3 Answers as of July 20, 2011

My wife and I were assaulted during a recent home invasion attempt. Are we able to pursue damages due to the injuries we suffered as well as the damage to our property from the defendant?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes. Consult with an experienced injury attorney who also handles criminal defense cases. The reason for the defense attorney recommendation is that he/she should understand the ability to recover ad what throught the penal code provisions. Before you engage in this activity, you might want to determine if the assailant actually has any funds. You have 10 years after parole or probation to collect, but that might not be viable.
Answer Applies to: California
Replied: 7/20/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
Physical injuries caused by an assault and battery are recoverable from the defendant. It assumes they have money as it would not be covered by their insurance.
Answer Applies to: California
Replied: 7/19/2011
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