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
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
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.
