If you have been assaulted or battered, you can have legal recourse other than pursuing criminal charges. Besides pursuing justice through the criminal justice system, you can sue your attacker civilly for damages for the injuries, emotional distress, and financial harm you suffered.
A civil suit for battery and assault permits victims to make their attacker pay financially, regardless of whether or not the attacker is convicted in criminal court. Knowing your legal rights and how to proceed in bringing a suit can assist you in obtaining the justice and damages you are entitled to.
What Is the Difference Between Assault and Battery?
Although assault and battery are often used together, they are distinct legal terms:
- Assault – Assault takes place when one threatens to inflict injury upon another and has the apparent power to do so. Physical contact is not necessary for a claim of assault.
- Battery – Battery is when one person intentionally and physically harms another person without permission. While assault is an intent to cause harm, battery actually involves the harm.
For example, if someone raises their fist and threatens to hit you, that could be considered assault. If they follow through and strike you, that would be battery.
When Can You File a Lawsuit for Assault and Battery?
Victims of assault and battery can file a civil lawsuit if they can prove that:
- The attacker acted intentionally – The act must have been deliberate, not accidental.
- The act caused harm – Physical injuries, emotional distress, or financial losses must be demonstrated.
- There was no legal justification – The attacker was not acting in self-defense or under legal authority.
- The act caused damage – This includes physical injury, emotional trauma, lost wages, or other financial losses.
You do not require a criminal conviction to make a civil suit. Even when the perpetrator is not prosecuted or acquitted, you are still entitled to receive compensation in civil court because the standard of proof is less than in a criminal trial.
What Compensation Can You Recover in an Assault and Battery Lawsuit?
Victims of assault and battery may recover various types of compensation, depending on the severity of their injuries and financial losses.
Economic Damages
- Medical expenses – Covers doctor visits, hospitalization, surgery, rehabilitation, and ongoing treatment.
- Lost wages – Compensation for income lost due to injury and recovery time.
- Property damage – Reimbursement for items broken or stolen during the attack.
Non-Economic Damages
- Pain and suffering – Compensation for physical pain and emotional distress.
- Mental anguish – Covers anxiety, depression, PTSD, or other psychological effects.
- Loss of enjoyment of life – Compensation for activities or relationships affected by the attack.
Punitive Damages
In cases involving extreme violence or intentional harm, courts may award punitive damages to punish the attacker and deter future misconduct.
Who Else Can Be Held Liable?
While the attacker is the primary defendant in an assault and battery lawsuit, other parties may also be held liable under certain circumstances:
- Property owners – If an assault occurs due to inadequate security, the property owner may be liable.
- Employers – If an employee assaults someone on the job, the employer could be held responsible.
- Bars & nightclubs – Establishments that over serve alcohol to an intoxicated person who later commits an attack may be liable.
- Police officers & security guards – If excessive force was used without justification, the employer of the officer or guard may be responsible.
4. Consult a Personal Injury Attorney
California’s personal injury laws can be complex, and insurance companies often try to minimize payouts. An experienced attorney will help you:
- Evaluate your claim’s worth
- Gather and present evidence effectively
- Negotiate with insurance companies for a fair settlement
- File a lawsuit if necessary
Having legal representation increases your chances of securing maximum compensation.
Compensation in an Assault and Battery Lawsuit
If you win your lawsuit, you may be entitled to financial compensation, including:
- Medical Expenses – Pays for hospital charges, physician visits, surgery, physical therapy, and continuing treatment.
- Lost Wages – Reimbursement for time lost from work because of injuries or trauma.
- Pain and Suffering – Compensation for physical pain, emotional distress, and psychological trauma.
- Punitive Damages – In instances of aggravated violence or malicious injury, the attacker can be given additional damages to punish him or her.
- Property Damage – If personal property was destroyed in the attack, you can be reimbursed.
Who Can Be Held Liable in an Assault and Battery Lawsuit?
While the primary person responsible for the attack is the perpetrator, other parties may also be held liable under certain circumstances, including:
- Businesses and Property Owners – If the assault happened at a bar, nightclub, or parking lot because of negligent security, the business or property owner could be held liable.
- Employers – If a worker beats someone up while at work, the employer can be held liable in some cases.
- Event Organizers – If an attack happens at a public event because of inadequate security, the event organizers can be held liable.
How to File a Civil Lawsuit for Assault and Battery
If you have been attacked, taking the right legal steps can help you build a strong case.
1. Seek Medical Attention
Even if your injuries seem minor, seek medical care immediately. Medical records serve as key evidence in your case.
2. Report the Incident to Law Enforcement
Filing a police report creates an official record of the assault. While criminal charges are separate from a civil lawsuit, the report can support your case.
3. Gather Evidence
Collect any evidence related to the attack, including:
- Witness statements
- Surveillance footage
- Photographs of injuries
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
