Summary
If assaulted in California, the assailant can be held responsible for your injuries and medical bills. You can file a civil lawsuit to recover damages, but the assailants financial status may affect the collectability of the judgment. The goal of criminal prosecution is prevention and punishment, not victim compensation. You might be eligible for compensation through the California Victim Compensation Board, which helps victims of violent crimes cover costs related to their injuries. The crime must occur in California, be reported to law enforcement, and the application must be submitted within 3 years. CalVCB compensates for expenses like medical treatment, mental health services, and income loss, but only as a payor of last resort. The cost of prosecuting an assault case is typically covered by the state.Full Conversation
so then your basically saying I'm shit out of luck on getting any compensation for my injuries and I have to pay for someone else injuring me and that's the system we live in cause I don't feel like that's very fair especially if my insurance isn't the best or it's expensive
I understand your frustration. However, you might be eligible for compensation through the California Victim Compensation Board. They help victims of violent crimes cover costs related to their injuries. It could be worth looking into.
Do you know the criteria I would have to meet in order for them to compensate the crime and injury so faced
Sure, the California Victim Compensation Board requires the following:
- The crime must occur in California.
- It must be reported to law enforcement.
- Application must be submitted within 3 years of crime.
- You must cooperate with law enforcement during investigation.
- The crime caused physical injury, threat of physical injury or death.
Would I have to file a application for this before I go to court or before THE there's a result of the case
You can apply to the California Victim Compensation Board as soon as the crime is reported to law enforcement, regardless of whether the case has gone to court or a verdict has been reached.
so i Took a look at their website and part of their website says this in the criteria what does it mean: Those who were involved in the events leading to the crime
This term generally refers to those who were directly or indirectly involved in the circumstances that led to the crime. It could mean people who were present during the crime, or part of the activities that resulted in the crime.
What exactly do they compensate
The California Victim Compensation Board can compensate victims for expenses like:
- Medical and dental treatment.
- Mental health services.
- Income loss.
- Funeral and burial costs.
- Home or vehicle modifications for accessibility.
what does this meanCalVCB is a payor of last resort. This means CalVCB pays only for expenses that aren’t reimbursed by any other source.
"CalVCB as a payor of last resort" means that the California Victim Compensation Board (CalVCB) will only pay for expenses that are not covered by other sources like insurance, lawsuit settlements, or restitution orders. They step in when all other options have been exhausted.
so if i went to see a doctor and my copay is $* but the actual visit and being seen by the doctor is like $* but insurance takes care of everything except my copay then would i be able to get the $*
Yes, if your insurance covers the majority of your medical costs and you're left with a copay, the California Victim Compensation Board may reimburse you for that $* copay. They cover out-of-pocket expenses related to the crime.
how much does it cost to prosecute if you were assaulted as an average of estimate in ca
The cost of prosecuting an assault case is typically covered by the state, not the victim. However, any personal legal consultation or representation would have additional costs, which can vary widely based on the attorney and the complexity of the case.