Simply put, assault is an attempt or threat to harm someone through the use of physical force. Essentially, no physical harm was inflicted, however:1) a reasonable person would have believed that they were in danger and 2) the perpetrator was capable of inflicting harm of a physical nature to the victim.

It’s essential to understand that assault in a legal sense is not the same thing as assault and battery. Assault charges can be filed even if you were not injured, and there is no denying that verbal threats can result in emotional distress and long-term psychological damage. This is why assault can form the basis of a personal injury lawsuit, even if no visible injury is inflicted by the defendant.

Now, let’s look at battery as it applies to the term “assault and battery.” This is a criminal charge that involves physical force, whether it’s shoving someone or shooting them with a gun. So, the degree of harm or level of violence can vary from one incident to another. For example, assault committed with a weapon or with the intent to commit a serious crime is classified as aggravated assault. Robberies and rape are two examples of criminal acts that include assault and battery. Sexual assault usually falls under the category of aggravated assault as a criminal charge, as there is no specific set of laws that have to do with this type of assault.

Those who are charged with assault and battery may have a defense if the act was initiated with consent. So, if both parties agreed to engage in a physical fight, that would be an instance where neither party can seek criminal prosecution or file a lawsuit for compensation. Alternatively, the person who committed the assault was acting in self-defense, meaning they were defending themselves from harm. But even with self-defense, the level of force applied cannot be excessive or unreasonable.

Filing an assault and battery claim requires proof of negligence or intentional misconduct by the responsible party. Please note that more than one party may have been negligent, so you can file a claim against multiple individuals and/or entities, like an employee and the business they work for. Regardless of who is at fault, a personal injury claim must establish:

• The party you are suing owed you a duty of care
• The duty of care was breached by the party via careless or reckless conduct, including a failure to act
• The breach of duty caused or contributed to an incident of assault or assault and battery
• Because of the incident, you suffered physical and/or psychological injuries

It’s not just individuals, by the way, that have a duty to prevent injuries to others (except in cases of self-defense). With assault and battery, various establishments must take measures to protect people on their premises, particularly businesses that have a high rate or assaults. Bars and nightclubs owners, for example, must implement security measures and kick out people who are disorderly to where they pose a threat to others. They must also cut off service to anyone who is clearly intoxicated, as further consumption of alcohol can increase the potential for violence from the individual.

If they continue to serve the person or allow them to remain on the property and someone is injured, raped, killed, etc., the bar can be sued by the victim for monetary damages. This is based on the concept of premises liability, where owners of a property must take reasonable care to ensure the safety of guests and visitors.

Business owners may also be liable for assault and battery under the principle of vicarious liability. These cases generally involve a physical altercation between one of their employees and a customer or someone else on the premises. So, if you were harmed at a store by a security guard’s use of unnecessary force, you may have grounds to sue the store owner as well as the person that assaulted you. Assault and battery by security guards can also happen at concerts, sports games, and other public events at major venues.

Another layer of complexity has to do with comparative negligence, which is the system used in California in order to assign liability in a personal injury claim. Some incidents of assault and battery involve negligence or misconduct by both the plaintiff and defendant. But the injured party can still file a claim and obtain compensation, minus the portion of liability. This is why it’s essential for victims to seek advice and guidance from a California assault and battery attorney.

Because of the brutal nature of assault and battery, the injuries can be extensive and complex, and sadly, many cases result in death or permanent disability. The potential for long-term damage is greater when a weapon is involved, but even chokeholds, punches, and other violence inflicted with one’s hands can do serious damage. Injuries you can sustain from being assaulted include:

• Concussion and other injury to the brain
• Rupturing of internal organs
• Blindness and other vision problem from eye injuries
• Broken bones
• Deep cuts
• Loss of hearing from damage to the brain and/or ear canal
• Permanent scars from stab and gunshot wounds
• Neck or spinal cord damage
• Paralysis caused by permanent nerve damage
• Coma

Make sure to get medical attention right away, as the full extent of your injuries may not be obvious right away. This is common with blows to the head, where the victim has a traumatic brain injury. Without medical intervention right from the start, the victim may not have symptoms for days, weeks, or months, or they fail to recognize the signs of TBI. Immediate medical care is also the key to proving that you are an injury victim in need of financial restitution.

Taking appropriate actions to hold your assailant accountable begins from the moment you are injured. Granted, some people are injured to the point where taking certain steps after an assault may be impossible. But if it’s possible, we urge you to take the following steps after being assaulted:

• Contact the police and file an incident report. You do not have to seek criminal prosecution or file a lawsuit by contacting law enforcement. However, it’s important to have an official record of what happened in case you decide to take legal action.
• If you are physically able to do so, take photos of all visible injuries and the scene of the accident (blood on the ground, broken objects, weapon used in the attack, damage to your car, etc.)
• If there were witnesses to the event, ask for their contact information. Witness statements – especially before a jury – can sometimes make or break a case when you are trying to establish the facts in a lawsuit for assault and battery.
• Make sure to seek medical care, as you could have one or more injuries that you are unaware of. Or, you may have an injury that can lead to serious complications if left untreated. Seeing a doctor also creates medical records, which is necessary to show how you were harmed by the other party.
• Be sure to keep all medical records in a safe place, and organize all your other evidence, like witness statements, what you were wearing at the time of the assault, damaged personal belongings, and time off requests from work for medical appointments.

As soon as possible, try to recall the events in your mind and write down anything you remember, like details about the perpetrator. What they look like, details about their vehicle, if they were wearing a uniform, an accent or manner of speech – what may seem trivial at first can end up being useful during an investigation into the assault. Do your best to accurately recall the events leading up to, during, and after the fight. Who said what? Were you threatened, and what was the nature of those threats? Who threw the first punch? Were you injured or threatened by a weapon?

Also, make note of any circumstances that put you at greater risk of injury. If you are in a parking lot, for example, was there adequate lighting? If you were assaulted by a patron at a bar or club, was the person clearly intoxicated and disorderly, yet they were allowed to keep drinking? Were you attacked by someone during the course of their work duties, like a store security guard or delivery driver?

These are examples of questions that have to do with liability by third parties, mostly property and business owners. Public entities, like government departments, can be liable for assault and battery, as well. These cases generally have to do with lack of security or vicarious liability by an employer. Essentially, vicarious liability has to do with an employer’s responsibility for the actions of their workers while they are performing their job duties. If negligence by an employee that occurred within the scope of employment caused injury to someone else, the employer may be sued for compensatory damages, even though they were not the entity that inflicted injuries or emotional harm to the victim.

At the end of the day, exploring all the available avenues for compensation will maximize your recovery and ensure that you have the necessary funds to move forward with your life. Our law firm is here to guide you through the process one step at a time, so don’t hesitate to reach out to us 24 hours a day, 7 days a week.

Case values for assault and battery claims can range from 5 to 7 figures, and sometimes 8 figures if the actions of the defendant are especially outrageous. Cases of minor injury may be worth $15,000 or less, while moderate to serious cases may be settled for $30,000 to $100,000. Lawsuits of severe injury and death by assault and battery are likely to settle for over $1,000,000.

To understand what factors influence your settlement, consider the following elements:

• Severity of injuries – injuries can range from minor damage, like cuts and bruises to brain damage and paralysis. The more serious the injury and long-term consequences, the greater your case value.
• Medical expenses – this will depend on the medical treatments and services you will need, possibly for the rest of your life. A personal injury lawyer can help you determine how much you should ask for in current and future medical costs.
• Lost wages – this includes compensation for missed hours at work, job related benefits you lost / had to use for your medical needs, and future lost earnings if you need long-term medical care.
• Pain and suffering – compensation for significant suffering of a physical or emotional nature. These payments can also be classified as emotional distress and loss of enjoyment of life.
• Punitive damages – awarded as additional compensation in trial verdicts as a way to punish the defendant for gross misconduct.
• Degree of liability – in many cases, the victim may have played a role in the incident, meaning that the defendant is not 100% responsible. So, the amount of compensation you are entitled to may be reduced by the percentage of fault that you are assigned, which can be anywhere from 0 to 100.

Remember that consulting a lawyer experience in assault and battery lawsuits is crucial to understanding how much your case is worth and what you can potentially obtain from a settlement or trial verdict. Our attorneys can help you gather evidence, navigate the legal system, and negotiate a fair settlement or present your case in court.

Real-life cases for assault and battery give us a more detailed analysis of case values for injury victims. At the end of the day, each case must be reviewed independently by an assault and battery attorney. However, past lawsuits and their outcomes are a valuable resource that can guide you on the path to success.

Bagwells v. Funks

Gregory Bagwell and John William Funk got into a physical altercation when Bagwell drove his car around Mia Funk while they were waiting in a lane that could be used by both directions of traffic. According to Ms. Funk, this was a negligent act that placed everyone in her car at risk. Angry and flustered, she drove after Bagwell to confront him.

After exchanging heated words, Ms. Funk called her husband, who came into the coffee shop where the Bagwells were eating. He confronted Bagwell, and the argument escalated to where the plaintiff was hit in the temple. Gregory Bagwell fell to the ground and was injured, but there are many contradictory details about the traffic incident and the confrontation afterwards.

Ms. Funk stated that Bagwell ran a stop sign in the parking lot, and during the argument, got in her face and yelled at her. When Mr. Funk arrived at the coffee shop, he said he was allegedly shoved by the plaintiff, which was why he fought back by hitting him in the head. Bagwell, on the other hand, said that he was not aggressive at all, nor did he violate any traffic rules. Two witnesses testified for the plaintiff, and both of them said Bagwell did not act in an aggressive manner.

After being injured, Bagwell went to the ER and said he sustained a concussion and hairline fractures in his back. He also suffered from on-going back pain and double vision, but counsel for the Funks countered that the back pain was from a pre-existing condition. They stated that the injuries claimed by Bagwell were exaggerated or non-existent, as he was able to go on vacation, and engage in various hobbies and other activities.

The jury concluded that the Franks were at fault for the incident, with liability being split as 30% for Ms. Funk and 70% for Mr. Funk. After all, Ms. Funk did chase after Bagwell for the purpose of confronting him, and when things did not go her way, she called her husband and escalated the situation to where someone was injured. The person who caused that injury was Mr. Funk, who had no evidence to justify his assault of the defendant. Total compensation awarded to the Bagwells exceeds $265,000.

Rodgriguez v. Players Bar Inc. and Ugarte

Plaintiff Rodriguez was suing for injuries, which he claimed were inflicted by defendant, Ugarte, an employee of Players Bar Inc. Rodriguez had been escorted out of the bar, and on the way out, he flipped Ugarte’s hat off his head. This, allegedly, resulted in Ugarte beating Rodriguez and causing contusions and other injuries to his head. The plaintiff also developed tinnitus due to an ear injury from the beating.

It was revealed that Ugarte was a former veteran who was diagnosed with post-traumatic stress disorder (PTSD). Players Bar, the employer, was included in the lawsuit, and the plaintiff’s counsel stated that the company placed customers at risk, knowing that episodes of PTSD can be triggered by stressful situations. According to the plaintiff, this is why Ugarte was “triggered” by his hat being flipped off his hat and proceeded to attack Rodriguez.

The bar owners refuted claims of negligence, citing that they are legally prohibited from asking questions about Ugarte’s disability. Additionally, Ugarte had no history of physical altercations that were related to his diagnosis of PTSD. They also fought back against claims that Ugarte did not receive proper training, as according to the law, the level of training referred to by the plaintiff was only required for uniformed guards.

In spite of their protests, the jury found both Ugarte and Players Inc. liable for what happened to Rodriguez and issued a verdict of $175,000, some of which were punitive damages for the fact that Urgarte’s mental health issues were known to the employer, but they failed to take any actions, like additional training or counseling.

Grant v. Coco, Russell, and Carrillo

In this case, Elena Grant sued for physical abuse that was inflicted on her while she was in jail following an arrest on suspicion of drunk driving. She alleged that while she was detained, three female officers subjected her to various acts of physical assault, including pushing, elbowing, and dragging her by the hair. She also accused them of making racist comments about her accent and joking about immigration and deportation.

According to Grant’s lawyer, the deputies’ actions were excessive, with the intent to cause physical and emotional harm. However, the defense pointed out the lack of expert witnesses and disputed the severity of the plaintiff’s injuries. Grant asked for punitive damages, but this was denied by the jury, which found that the deputies did not use excessive force or act with negligence in their handling of the plaintiff while she was in their custody.

Simonelli v. County of Monterey and Roberts

Attorney Antonio C. Simonelli filed a lawsuit for assault and battery after he was escorted out of a courtroom by Andre Roberts, a bailiff with the county court system. According to the plaintiff, Roberts removed him from the courtroom, then punched him in the chest. When they crossed paths a few months later, he claims that Roberts placed a hand on his cheat and warned him not to speak with court reporters.

Simonelli took this as a threat (the hand gesture reminding him of the punch) and said that the incident caused fear and emotional distress. He filed a claim against the bailiff and the County of Monterey for negligence, but the case had significant problems. For one thing, no experts testified on behalf of the plaintiff, and available witnesses actually contradicted Simonelli’s claim of being struck with excessive force.

The plaintiff admitted that he suffered no physical damage, but he was seeking payments for lost income and emotional trauma. What he asked for was in excess of $1,000,000, which was deemed unreasonable by the jury since there was bodily harm or evidence to indicate that Roberts used excessive force. As a result, the jury ruled in favor of the defense

From these cases, you can see that the biggest awards go to claimants with physical injuries. That’s not to say that you can’t file a lawsuit in the absence of physical harm, as you can still file a claim for emotional distress. However, it takes an extremely skilled lawyer to make a case for non-economic damages only. Regardless of the circumstances, we urge you to give us a call at your earliest convenience and take advantage of a free consultation with one of our attorneys.

As a victim of assault and battery, you should be adequately compensated for any injuries and their impact on your personal and professional life. This includes the cost of medical bills and other debts you accrued, or the financial burdens you were left with as a result of your family member’s death. Here are the payments that may be available to you from a lawsuit for physical and sexual assault:

• Current and future medical expenses
• Lost wages and value of job benefits, including future lost wages / lost earning potential if you are disabled from being assaulted.
• Cost of any property that was damaged or destroyed in the incident
• Pain and suffering as compensation for emotional distress and long-term physical suffering
• Punitive damages for cases of gross negligence (can only be issued as part of a jury verdict)
• Wrongful death damages, such as loss of consortium, funeral expenses, lost income and benefits, and medical costs up until the victim’s death

Whether you choose to pursue a criminal case or civil action is completely up to you. In California, you can pursue justice in both the criminal and civil courts, and there is no order to which case you have to file first. So, it’s worth your while to discuss what happened to you with an assault and battery lawyer, who can advise you on the best legal strategy.

Filing a lawsuit is particularly helpful when you are owed compensation by someone other than the assailant. If, for example, lack of security in a parking lot is why you were assaulted, you can file a personal injury claim against the parking lot owner, while pressing criminal charges against the person that attacked you. This is to ensure that victims have every chance to achieve justice and not be left with financial burdens they are unable to cover on their own. By contacting us today, you can learn more about your rights and legal options from a lawyer that specializes in assault and battery cases.

Yes, like any other personal injury lawsuit, assault and battery claims are subject to a statute of limitations. Generally, you have 2 years to file a lawsuit, starting from the day you were assaulted. If the victim dies as a result of the incident, family members have 2 years from the date of death to file a wrongful death claim.

The deadline of 2 years applies in most cases, but there are exceptions. The most notable has to do with liability claims against public / government entities. A common example is assault and battery lawsuits for excessive violence by a police officer. In this scenario, you would need to file a claim with the officer’s employer, which is the city or county government (city of Los Angeles, for example). You only have 6 months to file an injury claim against a public entity, starting from when the incident occurred. If you are suing on behalf of a deceased loved one, the time limit is 6 months from when the decedent passed away.

For more information on how long you have for an assault and battery claim in California, contact the legal experts of DTLA Law Group.

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