{"id":353424,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/battery-basics.html"},"modified":"2025-07-28T14:45:00","modified_gmt":"2025-07-28T19:45:00","slug":"battery-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/battery-basics.html","title":{"rendered":"Battery Injury Lawsuit Basics"},"content":{"rendered":"\n
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Battery Injury Lawsuit Basics<\/h1>\n\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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The legal definition of battery is the intentional touching of (or application of force to) the body of another person in a harmful or offensive manner without consent. This definition applies in both civil personal injury claims and criminal law.<\/p>\n\n <\/div>\n\n\n\n

Offenders may face civil liability and criminal charges for a single act of battery.\u00a0A criminal case is brought by a government prosecutor on behalf of the state. The outcome focuses on guilt for lawbreaking and criminal sentencing.<\/p>\n

A civil case involves claims between private parties. The outcome focuses on compensating the victim for their damages. Battery is not limited to physical injury. Courts consider other types of injuries when determining damages.<\/p>\n

If you suffer a serious injury due to a battery, you can sue the offender. You can discuss this option with a personal injury lawyer<\/a> to better understand the process and your chances of a successful claim.<\/p>\n

How Battery Differs From Assault<\/h2>\n

Battery is often confused with assault. Assault is the act of threatening battery or placing another in fear or reasonable apprehension of an impending and immediate battery (bodily injury). Assault almost always comes before battery, so the terms are often confused or combined, as in “assault and battery<\/a>.”<\/p>\n

A person commits a battery<\/a> if they act intentionally to cause harmful contact or offensive physical contact (or to cause imminent apprehension of such contact) and a harmful or offensive contact actually occurs.<\/p>\n

Civil Battery (Tort)<\/h2>\n

Battery is an\u00a0intentional tort<\/a>, not an act resulting from negligence. The elements to establish the tort of battery are the same as for criminal battery, except that the case doesn’t need to have criminal-specific intent.<\/p>\n

In personal injury cases, the\u00a0elements of civil battery<\/a>\u00a0are:<\/p>\n