Suing for Assault and Battery
Most people think of assault and battery as criminal charges. However, if you are the victim of assault, you can file a civil suit in court for compensation. A personal injury claim will allow you to recover compensation to pay your medical expenses. A civil lawsuit will also hold the person who caused the injuries accountable for their actions.
What you need to file a civil assault case depends on state law. If you suffered a physical injury after an assault, talk to a personal injury attorney for legal advice.
What Are Civil Assault and Battery?
A civil lawsuit is a legal case to recover financial compensation. A civil case is different than a criminal assault case. In a civil claim, you can file a complaint. In a criminal case, the prosecutor files charges. If convicted, the defendant can face criminal penalties, like a fine or jail time.
Civil assault is a type of intentional tort. A tort is a civil wrong. An intentional tort means that someone intentionally did a wrongful act that caused physical harm or damage. Other intentional torts include false imprisonment and defamation.
What Is the Difference Between Assault and Battery?
Most people think of assault and battery as the same thing. However, assault doesn’t require physical contact. An assault is an action from one person to another that causes a reasonable apprehension of fear or harm. This requires deliberate action to cause apprehension of bodily harm or offensive contact.
Battery is harmful contact from one person against another. This also requires an intentional act that causes or was likely to cause contact. The contact does not have to be serious or harmful. Any harmful or offensive contact is enough for battery. This includes contact with your clothes or something on your body. Throwing something and hitting someone is also battery.
Should You Wait for the Criminal Trial Before Filing a Civil Lawsuit?
If there are going to be criminal charges, you may have to wait until after the criminal prosecution finishes before filing a lawsuit in civil court. If your attacker is convicted of assault or battery, it can make your case easier to prove. This is because criminal cases have a higher burden of proof.
In a criminal case, the prosecutor has to prove your attacker’s guilt beyond a reasonable doubt. In civil law, you only have to prove your case by “a preponderance of the evidence.” This means that it is more likely than not that you suffered an assault or battery.
What Do You Have To Prove for Civil Assault?
Civil tort cases have elements that you have to prove to win your case. The individual elements can depend on state law. However, the elements of assault and battery are similar in most states. Generally, civil assault requires proving:
- The defendant acted intending to cause harmful or offensive contact
- You reasonably believed you were about to be touched
Civil battery cases require proving:
- The defendant touched you with the intent to harm or offend
- You were harmed or offended by the conduct
- A reasonable person would have been offended
Are There Defenses in a Civil Assault or Battery Lawsuit?
The defendant may try to challenge your claims. For example, consent is a defense against assault and battery. For example, if you and the defendant challenged each other to a boxing match, you consented to the possibility of getting punched.
However, there are limits to consent. For example, you agreed to a boxing match. However, the defendant pulled a knife and stabbed you. That goes beyond the level of consent and would be civil battery.
Acting in self-defense or in the defense of others is another type of legal defense. If you begin to beat someone up and they start hitting you back, you can’t sue them for battery. To claim self-defense, they have to show they had a reasonable belief they were in danger of harm.
What Compensation Can You Get in a Civil Assault Case?
In a civil lawsuit, you can seek financial compensation for your injuries. Damages can include any harm caused by the assault or battery. Economic and non-economic damages in personal injury law can include money for:
- Medical bills and future medical treatment
- Lost income
- Emotional distress
- Pain and suffering
You might also recover punitive damages. Punitive damages can punish the wrongdoer for what they did and act as a deterrent for future conduct. This is generally limited to extreme cases or outrageous conduct.
How Can a Personal Injury Lawyer Help?
If you are the victim of an assault, you can file a personal injury lawsuit to recover damages. There is a limited amount of time to file a civil assault claim. If you wait too long to talk to an attorney, you may lose out on your right to get compensation. A personal injury attorney can review your case and explain your legal options.