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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 101324
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter was assaulted from two bartenders at a bar and

Customer Question

My daughter was assaulted from two bartenders at a bar and they stole her money then choked her and threw her out and later threw her purse out. What can I do
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) How old is your daughter?

2) What state did this happen in?

3) Did she call the police? If so, did an officer come out to take her statement?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 4 months ago.
Daughter is 36. This happened in CA man we haven't gone to sherif yet
Expert:  Ely replied 4 months ago.
Thank you.
CRIMINAL
Well what was done to her was arguably criminal and she needs to go to the police RIGHT AWAY. Filing a police report has the authorities look into this matter. Understand how this works:
1) a police complaint is filed;
2) the police investigate by questioning all parties involved and reviewing the evidence;
3) they pass on the information to the District Attorney;
4) the D.A. makes a decision whether to charge or not.
So these individuals may be charged criminally for their actions.
CIVIL
She may also sue, possibly. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
Here, the actions may be enough to pursue: civil assault, civil battery, and intentional infliction of emotional distress. She can get actual and punitive damages from a judgment. Not only the individuals are liable, but also the bar if the individuals that did this were the bar's employees. This is because the company is liable for the actions of their employees within the scope of their employment under the doctrine of respondeat superior.
She may wish to talk to an attorney about this. Many will this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
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