When an assault and battery occurs, the aftermath can be devastating for victims in more ways than one. Although the offender may face criminal charges, that’s only part of the story. It may not be enough to give victims the justice and compensation they deserve. The victim also has the right to bring an assault and battery tort claim.
Regardless of whether the state files criminal charges, the victim may pursue an assault and battery civil case. Our Las Vegas personal injury attorneys are ready to help assault and battery victims get the financial relief they need now and hold the responsible party accountable for their actions.
Contact our team today at (702) 382-0000 for a free consultation.
What Is an Assault and Battery Civil Case?
An assault and battery civil case is a tort claim for financial compensation. The purpose of the case is to find the offender legally responsible for the offense of assault and battery. Unlike a criminal case, an assault and battery civil case doesn’t result in a criminal record or jail time. It is a finding of legal fault. It typically accompanies a requirement that the offender pay damages to the victim. The victim brings an assault and battery civil case for financial compensation and a finding of legal responsibility.
Proving Your Civil Assault Case
A civil case is different from a criminal case regarding what the victim must prove to win. What must be established in a civil assault case is:
- The defendant took intentional actions
- When the defendant took action, they intended for harm to occur, or they knew that it was likely to be the result based on their actions
- The action resulted in an offensive touching or the reasonable belief that a harmful or offensive touching was about to occur
- A victim suffered injuries and damages
- The injuries and damages are the results of the assault
In a civil assault case, the victim must prove what their damages are. Damages may include economic losses like medical bills, lost income from the inability to work, and non-economic losses like pain and suffering.
Compensation for Assault and Battery Civil Claims
The amount of compensation that you get for an assault and battery civil lawsuit depends on the losses that you incur. In general, you can claim your economic and non-economic damages, including:
- Cost of medical care
- Lost income
- Loss of future wages
- Property damage
- Treatment for PTSD and anxiety
- Pain and suffering
You may claim pain and suffering compensation that is relative to the severity of your injuries. Also, punitive damages may be available in your assault and battery case. If it is found that the defendant intentionally and maliciously caused harm to the victim, punitive damages could be a substantial part of the damages collected.
Nevada Assault and Battery Laws
Nevada Assault Law – NRS 200.471
Nevada’s criminal assault law is NRS 200.471. The law defines assault as attempting to use force or placing a person in imminent fear of bodily harm. Criminal assault is punishable by up to six months in jail and a $1,000 fine.
Civil law for assault is similar, but with a few minor differences. The tort of assault is intending to use force or putting a person in fear of imminent harm. The difference is that the victim needs to prove a civil tort case by a preponderance of the evidence rather than beyond a reasonable doubt. In addition, in a civil tort assault case, the victim may claim compensation for pain and suffering and other damages that may not be available as restitution in the criminal system.
Nevada Battery Law – NRS 200.481
Nevada battery law NRS 200.481 defines battery as an unlawful, intentional touching of another person. Under Nevada’s criminal battery law, battery is a misdemeanor with a possible six months in jail and a $1,000 fine. There are reasons that the charges may be a felony, including if the case involves strangulation or substantial bodily harm.
To constitute a civil battery, there must be substantial certainty that the offender’s action will result in harm. However, the absence of specific intent to harm is not a defense. In addition, a victim can be struck with an object like a car or weapon. Civil battery is an offensive touching, like a criminal battery. However, civil battery has a lower burden of proof and expanded damages as compared to criminal charges.
Assault and Battery Civil Cases – FAQs
Can You Sue After a Criminal Case?
Yes, you can sue after a criminal case. Regardless of whether the defendant is found guilty or acquitted, it is possible to bring a civil lawsuit. No rule states that you have to wait until the criminal case is over. However, it’s crucial to strategize and consider various factors when you determine how to pursue the case.
Our experienced personal injury lawyers have the skills to create a comprehensive legal strategy and aggressively pursue your case to maximize your compensation for your injuries and suffering.
Can You Sue Someone for Physical Abuse?
Yes, you can sue someone for physical abuse. A lawsuit for physical abuse falls under the civil tort of assault and battery. Physical abuse may occur on one occasion, or it may be a pattern of repeated behavior.
The amount that the victim can claim in financial compensation depends on the trauma that the victim suffers and the victim’s ability to collect from the defendant for the claim. In general, yes, you can sue someone for physical abuse by bringing a civil claim for damages.
Is Punching Someone a Civil or Criminal Case?
Punching someone can be both a civil case and a criminal case. It is a crime because it is against the law to commit an assault or battery. However, it is also a civil tort. A person who punches someone else may face both a civil case and a criminal case.
Even if there is no criminal case, there can still be a civil case. Similarly, the prosecutor can bring criminal charges whether or not the victim files a civil claim.
Las Vegas Attorneys for Assault and Battery Lawsuit Settlements
Assault and battery lawsuit settlements compensate a victim for the damages that they suffer. Whether you accept a settlement or take your case to trial, our team at Adam S. Kutner, Injury Attorneys, has the training and determination to help you get results.
We’re here to help you fight for justice. Let us explore your case and determine the best course of action to get you the compensation you deserve. Contact our team of friendly attorneys today for your free and confidential consultation.