{"id":353430,"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\/civil-assault-cases.html"},"modified":"2023-09-20T09:20:38","modified_gmt":"2023-09-20T14:20:38","slug":"civil-assault-cases","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/civil-assault-cases.html","title":{"rendered":"Civil Assault and Battery Injury Cases"},"content":{"rendered":"\n
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Civil Assault and Battery Cases<\/h1>\n\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Kit Yona, M.A.<\/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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Criminal charges aren’t the only penalties for committing assault or battery. Separate from any criminal case, a victim of assault or battery also can file a civil suit against their assailant.<\/p>\n\n <\/div>\n\n\n\n

Criminal prosecution is meant to penalize defendants for their illegal acts. But civil claims are designed to make the victims “whole” by compensating them for their injuries.<\/p>\n

Below, you’ll find information on proving civil assault and battery. You’ll also learn about the types of damages available to victims in civil lawsuits.<\/p>\n

If you’ve been the victim of criminal assault,\u00a0sexual assault<\/a>, or battery, get help from a personal injury lawyer<\/a>. They can help you understand your options to recover compensation.\u00a0You may also need to contact law enforcement.<\/p>\n

If you have a pending case in criminal court, you may want to see more information about criminal law<\/a> instead.<\/p>\n

Proving the Elements of Civil Battery<\/h2>\n

The elements to establish\u00a0civil battery<\/a>\u00a0are generally the same as for criminal battery. However, an important disclaimer is that the standard of proof is different. While criminal cases<\/a> require the government to prove that the defendant is guilty\u00a0beyond a reasonable doubt<\/a>, the standard in civil personal injury law is lower. When you sue someone in civil court, your burden of proof in a personal injury case will be a\u00a0preponderance of the evidence<\/a>. This means that you must show that it is more likely than not that the defendant is liable for your claim.<\/p>\n

A successful civil suit for battery will require the plaintiff to prove that the following elements were present:<\/p>\n