Assault & Battery Injury Attorney

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 personal injury 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.