
Assault & Battery Injury Attorney
If you or a loved one have been injured due to an assault and / or battery, contact our experienced California and Nevada battery and assault injury attorneys today to seek compensation for your injuries.
$500,000
Premises Liability
$1.4 Million
Brain Injury
$3.3 Million
Motorcycle Accident
$2.0 Million
Car accident
$1.0 Million
Ride Share Accident
$1.1 Million
Motor Vehicle Accident
$110,000
Truck Accident
$500,000
Trip and Fall Accident
$1.0 Million
Medical Malpractice
$250,000
Airline Accident
$500,000
Premises Liability
$1.4 Million
Brain Injury
$3.3 Million
Motorcycle Accident
$2.0 Million
Car accident
$1.0 Million
Ride Share Accident
$1.1 Million
Motor Vehicle Accident
$110,000
Truck Accident
$500,000
Trip and Fall Accident
$1.0 Million
Medical Malpractice
$250,000
Airline Accident
Case Results
$3.3 Million
Motorcycle Accident
$2.0 Million
Car accident
$1.4 Million
Brain Injury
$1.1 Million
Motor Vehicle Accident
Assault and Battery Attorney
California and Nevada law allows those who have suffered a battery or assault to bring a civil lawsuit against the at-fault party. Our experienced assault and battery attorneys believe that no person should have to endure any type of injury because of another’s negligence. Contact our attorneys today for a free no risk consultation to discuss your assault and battery claim, and the different legal strategies we can take.
An assault and battery could have very lasting impacts, physically and emotionally. For example, many may be left with PTSD, fearful of even leaving the house. Our attorneys believe that victims deserve financial compensation for any unlawful acts committed by others. Our skilled attorneys are ready to fight for your rights in court.
Could I Sue in Civil Court for Assault and / or Battery Injuries?
A single act of assault and / or battery could result in both criminal charges and civil lawsuits. Although there are many criminal statutes in place that protect victims, a victim could also sue the perpetrator in civil court for injuries suffered.
What is Civil Battery?
The common misconception is that victims of battery cannot recover any civil lawsuits. Criminal battery is punishable through imprisonment, or a fine. However, victims of battery could file a civil lawsuit against the perpetrator for monetary damages. Once a claim is filed, the victim is referred to as the plaintiff, and the battery perpetrator is referred to as the defendant.
In order to show that the victim suffered civil battery, the plaintiff must be able to show:
- Intent: the perpetrator had the intent to engage in such an action. This could be proven not by showing that the defendant had the intent to bring about the harm, but that the defendant had the intent to engage in such an act. For example, if the defendant swings at the plaintiff, the defendant should just merely have the intent to swing their arms, not to have the intent to cause brain damage that the plaintiff suffers.
- The defendant could raise an involuntary act as a defense. For example, if the defendant suffered a stroke, and his arm came swinging towards the plaintiff, then the plaintiff most likely does not have a claim against the defendant for this involuntary act.
- Harmful or offensive contact: harmful contact means it is likely to result in injury to the victim, and offensive contact is contact that one would consider an offense to their sense of dignity.
- Without the consent: the harmful or offensive contact needs to occur without the consent of the plaintiff. If the plaintiff consented to such contact, then the defendant could potentially raise it as a defense and have the entire case dismissed.
If you believe that you have suffered a battery in California or Nevada, contact our attorneys immediately to schedule a free no risk consultation.
What is Civil Assault?
There are elements that the plaintiff must prove in order to bring an assault claim against the defendant. These elements include:
- Intent: the defendant must have the intent to cause touching, or to place the victim in fear of harmful or offensive touching.
- Imminent apprehension: the defendant must place the plaintiff in immediate fear. For example, future threats do not necessarily place a victim in immediate apprehension.
- Harmful or offensive contact: the imminent apprehension must place the victim in fear of harmful or offensive contact.
- Assault is referred to as a type of attempted battery. The assault could be merely threats, rather than actually carrying out the actions. All that is required is that the victim understands the immediate threat.
Who is Liable in Physical Assault Cases?
The aggressor is most likely going to be the liable defendant because of their violent actions. However, in certain circumstances, other parties could also be defendants in an assault lawsuit. This includes instances when the assault has occurred on another person’s property.
For example, if the assault occurred on a mall’s property, the mall could also be held liable for failing to take proper precautions in preventing the assault. In another example, if the perpetrator was an employee of a company, the perpetrator could potentially hold their company liable as well.
What are Injuries Suffered from Assault and Battery?
The different types of injuries that a victim could suffer from an assault or battery could range from minor injuries to major ones. These include:
- Broken bones
- Traumatic brain injury
- Scrapes
- Bruises
- Wrongful-death
- Cuts
If you have suffered any of the above injuries, or other injuries not mentioned, contact our assault and battery attorneys today for help.
What is the Difference Between an Assault and a Battery?
Although these two legal theories are very similar, the difference between an assault and battery is that a battery involves actual physical touching, whereas assault is merely threats. If contact does not occur, then the perpetrator is most likely liable for assault.
What is the Burden of Proof?
The burden of proof is the legal theory used to describe how and which party must prove the case. In civil cases involving assault and battery, the plaintiff must be able to prove that assault and\or battery occurred. The defendant then would raise any defenses in order to disprove liability.
What Types of Damages Could You Receive with an Assault and Battery Case?
There are different types of damages plaintiffs could receive in a lawsuit against a defendant for assault and / or battery. These damages include:
- Medical bills: these are the costs used to treat any physical harm that has occurred. For example, if someone suffered a heart attack, then the treatment bills could be recovered from the defendant.
- Lost wages: if the plaintiff took time off in order to heal from the physical or emotional suffering, the plaintiff could recover lost wages.
- Future lost wages: if the plaintiff has to take time off work in the future, they could recover those lost wages. This is also referred to as loss of future earnings.
- Emotional distress: emotional distress includes trauma endured such as PTSD, depression, anxiety, etc.
What Should I Do if I Have Been Assaulted?
- Seek immediate medical assistance
- File a police report against the aggressor
- Contact our assault and / or battery injury attorneys today to seek compensation for your injuries
If you are a resident of California and Nevada, and you have suffered a battery or assault injury due to another’s unlawful acts, contact our attorneys today for a free no risk consultation. Our attorneys understand that suffering an assault or battery could have very drastic effects. Our attorneys approach each claim on a case-by-case basis, and provide our individualized attention.
Our assault and / or battery attorneys have been representing assault and battery victims for decades. The perpetrator does not necessarily have to be convicted in criminal court in order for you to file a civil lawsuit against them. Even if the perpetrator is not charged criminally, an assault and battery victim could still recover for injuries through a civil lawsuit.
Our assault and / or battery attorneys have represented victims from many cities in California and Nevada.
Contact Us
Practice Areas
- Accidents
- Aviation and Airline Attorney
- Bicycle Accidents
- Big Rig Accidents
- Car Accidents
- Construction Accidents
- Crane Accidents
- Gym Accidents
- Horseback Riding Accidents
- Metro Bus Accidents
- Motorcycle Accident Attorney
- Pedestrian Accidents
- Premises Liability Accidents
- Ride Share Negligence
- Scaffolding Accidents
- RV Accidents
- Slip & Fall Accidents
- Swimming Pool Accidents
- Taxi Cab Accidents
- Train Accidents
- Trucking Accident
- Personal Injury
- Airbnb Injury
- Animal Injuries
- Axe Throwing Injuries
- Bounce House
- Broken Bone Injuries
- Burn Injuries
- Carbon Monoxide Poisoning
- Catastrophic Injury
- Dog Bite Injuries
- Factory Injuries
- Head Injuries
- Ladder Injuries
- Nerve Damage Injuries
- Premises Liability Injuries
- Seat Belt Injuries
- Sexual Assault Injuries
- Slip and Fall Injuries
- Spinal Cord Injuries
- Sports Injuries
- Traumatic Brain Injuries
- Work Related Injuries
- Wrongful Death
- Employment & Labor
- Medical Malpractice
- Data Privacy Breach
- Insurance Bad Faith
- Legal Malpractice
- Nursing Home Neglect/Abuse
- Product Liability
- Negligent Security
- Persian / Iranian Attorneys
Service Areas
testimonial
Amazing Car Accident Lawyer
“Saman is by far true to his word. He truly was available at all times and always kept me updated. In the end, he settled my case with a great results. He didn’t treat me like a file, he treated me as if he was representing family. If you are looking for open, fast, thorough and a detailed lawyer, look no further. I will definitely recommend him to anyone seeking legal services who wants to feel assured that they are in the best hands.”
Amir
Persistent
“I was injured in a car accident. The lawyer made sure that I went to my chiropractor sessions and that I get the medical attention needed. I also got MRI’s as needed and also got back injections as needed. He was very persistent on contacting me, even when I wasn’t reachable, and making sure that I got treated right and paid a good amount at the end. He is a very respectful person and great lawyer.”
Wendy
An Extraordinary Experience
“Thank you for your unwavering commitment to my case. Words do not adequately describe my feelings, when no one seemed to care about an old vet with an injury you were there. I can remember as clearly as though it were yesterday, your sincerity and desire to help me. For that, I will always be grateful. Your endless commitment of time, financial resources and a personal concern for my physical well being surpassed anything I could have expected or imagined.”
Ron
Contact Us
24/7 Free Case Evaluation
NO FEE UNLESS WE WIN
Los Angeles Office
3530 Wilshire Blvd. Suite 710 Los Angeles, CA 90010 Tel: 213-884-4881Fax: 213-884-4588
info@HeidariLawGroup.comIrvine Office
17901 Von Karman Ave Suite 600 Irvine, CA 92614 Tel: 949-239-1020Fax: 949-239-1021
info@HeidariLawGroup.comSacramento Office
1215 K Street Sacramento, CA 95814 Tel: 916-461-1818Fax: 916-461-9797
info@HeidariLawGroup.comBakersfield Office
3501 Mall View Rd Suite 105 Bakersfield, CA 93306 Tel: 661-409-0000Fax: 916-461-9797
info@HeidariLawGroup.comLas Vegas Office
611 South 6th Street Las Vegas, NV 89101 Tel: 702-722-1500Fax: 702-722-1600
info@HeidariLawGroup.com