California Assault and Battery Victims: Your Civil Personal Injury Rights

In California, assault and battery are two distinct intentional torts, though they often occur together. Assault is the intentional act that creates a reasonable apprehension of imminent harmful or offensive contact. You don't have to be touched for assault to occur—the threat alone is enough. Battery, on the other hand, is the actual intentional and harmful or offensive physical contact. If someone swings at you and misses, that's assault. If the punch lands, that's battery.

Both assault and battery are considered intentional torts under California Civil Code Section 1708.5, which means the perpetrator deliberately engaged in conduct intended to cause harm. This is different from negligence-based personal injury claims like car accidents, where the defendant's carelessness caused injury. Because assault and battery are intentional acts, different legal standards and damage calculations apply.

Understanding this distinction is crucial because it affects how your case is evaluated, what evidence is needed, and what types of damages you can recover. California law allows victims to pursue both criminal charges through the district attorney and a separate civil lawsuit for monetary compensation. These are parallel but independent legal processes.

Many assault and battery victims assume that if the attacker is prosecuted criminally, their case is resolved. This is a dangerous misconception. Criminal cases are brought by the state to punish wrongdoers and protect society—not to compensate victims. Even if your attacker is convicted and sentenced to prison, you won't receive a dime for your medical bills, lost wages, or pain and suffering through the criminal process alone.

A civil personal injury lawsuit is your opportunity to seek financial compensation. You (the plaintiff) sue the attacker (the defendant) for damages. The burden of proof is lower in civil court—you only need to prove your case by a preponderance of the evidence (more likely than not), rather than beyond a reasonable doubt as required in criminal cases. This means you can win your civil case even if the criminal case results in an acquittal.

Additionally, civil lawsuits allow you to pursue claims against third parties who may share liability—such as a bar that overserved an intoxicated patron who later assaulted you, a nightclub with inadequate security, or a property owner who failed to maintain safe premises. These third-party claims often provide the most substantial recovery because businesses typically carry liability insurance, whereas individual attackers may have limited assets. Our experienced attorneys can identify all potential defendants in your case.

California law imposes strict deadlines for filing personal injury lawsuits. For assault and battery claims, you generally have two years from the date of the incident to file your civil lawsuit under California Code of Civil Procedure Section 335.1. This is known as the statute of limitations, and missing this deadline typically means losing your right to compensation forever.

There are limited exceptions that can extend this deadline. If the victim is a minor (under 18), the statute of limitations is tolled (paused) until they turn 18, then the two-year clock begins. If the defendant leaves California to avoid the lawsuit, the time they're absent may not count toward the two-year limit. If you didn't immediately discover all your injuries—such as psychological trauma that manifests later—the discovery rule may apply, starting the clock when you knew or should have known about the injury.

Don't wait until the deadline approaches to take action. Evidence deteriorates, witnesses' memories fade, and surveillance footage gets deleted. The sooner you consult with a personal injury attorney near you, the stronger your case will be. Early investigation preserves critical evidence and demonstrates to insurance companies and defendants that you're serious about pursuing full compensation.

California law allows assault and battery victims to recover both economic and non-economic damages. Economic damages include all quantifiable financial losses: past and future medical expenses (emergency room visits, surgery, physical therapy, counseling), lost wages and lost earning capacity if injuries prevent you from working, property damage (torn clothing, broken glasses, damaged phone), and any other out-of-pocket expenses directly caused by the attack.

Non-economic damages compensate for subjective losses that don't have a specific dollar value: pain and suffering, emotional distress, anxiety, depression, PTSD, loss of enjoyment of life, disfigurement, and permanent scarring. California doesn't cap non-economic damages in assault and battery cases the way it does in medical malpractice cases, so victims with severe injuries can recover substantial compensation for their suffering. Learn more about damages on our case results page.

In cases involving particularly egregious conduct—such as attacks motivated by hate, extreme violence, or attacks on vulnerable victims—California law allows for punitive damages under Civil Code Section 3294. Punitive damages are designed to punish the defendant and deter similar conduct, and they can significantly increase your total recovery. However, punitive damages require clear and convincing evidence that the defendant acted with oppression, fraud, or malice.

One of the most important aspects of assault and battery claims is identifying all potentially liable parties. While the attacker is obviously responsible, California law recognizes that businesses, property owners, and other third parties can share liability if their negligence created the conditions that allowed the attack to occur. These third-party claims are often more valuable because businesses carry substantial liability insurance.

Common third-party defendants include bars and nightclubs that overserve visibly intoxicated patrons (dram shop liability), security companies that fail to provide adequate protection, property owners who don't maintain proper lighting or security measures (premises liability), employers whose employees assault customers or coworkers, and event venues that fail to screen attendees or control crowds. If you were assaulted in a parking lot with broken lights and no security cameras, the property owner may be liable. If a bouncer used excessive force, the nightclub may be responsible.

Proving third-party liability requires showing that the defendant owed you a duty of care, breached that duty through negligence, and that this breach was a substantial factor in causing your injuries. An experienced California personal injury lawyer will investigate all potential defendants and insurance policies to maximize your recovery. For more information on premises liability claims, visit our catastrophic injury practice page.

The California Victim Compensation Board (CalVCB) provides financial assistance to victims of violent crimes, including assault and battery. This state-funded program can help cover medical expenses, mental health counseling, lost wages, funeral expenses, and relocation costs if you need to move for safety reasons. The maximum award is currently $70,000, though most claims receive less.

To qualify for CalVCB benefits, you must report the crime to law enforcement within two years (with some exceptions for domestic violence and child abuse), cooperate with law enforcement and prosecution, and file your CalVCB application within seven years of the crime. You don't need to wait for a criminal conviction to apply—you can file as soon as the crime is reported. CalVCB is a payer of last resort, meaning they'll only cover expenses not paid by insurance or other sources.

It's important to understand that accepting CalVCB benefits doesn't prevent you from pursuing a civil lawsuit. However, if you later recover compensation through a lawsuit or settlement, you may need to reimburse CalVCB for benefits they paid. Your attorney can help coordinate these claims to ensure you receive maximum compensation from all available sources. Contact our office for a free consultation to discuss your options.

Winning your assault and battery lawsuit is only half the battle—you still need to collect the judgment. This is often the most challenging aspect of these cases because many individual attackers don't have significant assets or insurance coverage. A $500,000 judgment is worthless if the defendant has no money or property to seize.

This is why identifying third-party defendants with insurance coverage is so critical. A nightclub's general liability policy, a property owner's premises liability coverage, or an employer's commercial insurance can provide the funds to actually pay your damages. Your attorney should investigate all potential insurance policies during the discovery process.

If you're forced to collect from an individual defendant with limited assets, California law provides several collection mechanisms: wage garnishment (taking a portion of their paycheck), bank account levies, liens on real property, and seizure of personal property. Judgments in California are valid for 10 years and can be renewed, so you can continue collection efforts even if the defendant currently has no assets. Some victims successfully collect years later when the defendant inherits money, wins the lottery, or otherwise comes into funds.

Assault and battery claims arise in many different contexts, each with unique legal considerations. Domestic violence cases involve special protections and resources, including restraining orders, priority access to victim services, and extended statutes of limitations. California law recognizes the power dynamics and fear that prevent many domestic violence victims from immediately pursuing legal action.

Workplace assaults may trigger workers' compensation claims in addition to personal injury lawsuits. If a coworker or supervisor assaults you, you may have a workers' comp claim against your employer and a personal injury claim against the attacker. If a customer or third party assaults you at work, you may have claims against both the attacker and your employer if inadequate security contributed to the incident. Visit our workplace injury page for more information.

Sexual assault and abuse cases have their own legal framework under California law, including extended statutes of limitations for childhood sexual abuse claims. These cases often involve complex psychological trauma and require attorneys with specific experience in handling sensitive sexual assault litigation. Bar fights, road rage incidents, sports-related violence, and hate crimes each present distinct legal issues that require careful analysis of California criminal and civil law.

When third-party defendants are involved, you'll likely deal with their insurance companies. Understanding how insurers approach assault and battery claims is crucial to protecting your rights. Many general liability and homeowners insurance policies contain exclusions for intentional acts, which insurers will use to deny coverage. However, these exclusions don't always apply to negligence-based third-party claims.

For example, if a bar patron assaults you, the patron's homeowners insurance might deny coverage based on the intentional act exclusion. But the bar's commercial general liability policy should cover your claim because the bar's liability is based on negligence (failing to provide adequate security or overserving alcohol), not intentional conduct. Skilled attorneys know how to frame claims to maximize insurance coverage.

Insurance adjusters will try to minimize your claim by arguing you provoked the attack, contributed to your injuries, or exaggerated your damages. They'll scrutinize your social media, interview witnesses looking for inconsistencies, and hire investigators to surveil you. Never give a recorded statement to an insurance company without consulting an attorney first. Anything you say can be used to devalue or deny your claim. Read our client testimonials to see how we've helped others navigate these challenges.

Evidence is everything in assault and battery cases. The strongest cases include police reports documenting the incident, medical records showing the extent of injuries, photographs of injuries and the scene, witness statements corroborating your account, surveillance video capturing the attack, and expert testimony on security standards or psychological trauma. Collect and preserve this evidence immediately.

Seek medical attention right away, even if your injuries seem minor. Some injuries like concussions or internal trauma aren't immediately apparent. Medical records create a documented link between the attack and your injuries. Follow all treatment recommendations—gaps in treatment give insurance companies ammunition to argue your injuries weren't serious. If you've suffered serious injuries like traumatic brain injury or spinal cord damage, specialized medical documentation is critical.

Document everything: keep a journal of your physical pain, emotional distress, and how the injuries affect your daily life. Save all receipts for out-of-pocket expenses. Take photos of visible injuries as they heal. If the attack occurred at a business or property, document the conditions—poor lighting, broken security cameras, lack of security personnel. This evidence can prove third-party negligence. Our experienced team knows how to gather and present this evidence effectively.

Assault and battery cases involve complex legal issues that require experienced representation. You're dealing with both criminal and civil law, multiple potential defendants, insurance companies with teams of lawyers, and strict procedural deadlines. Attempting to handle these claims yourself puts you at a severe disadvantage.

A skilled California personal injury attorney will investigate all potential sources of compensation, identify every liable party and insurance policy, handle all negotiations with insurance companies, file your lawsuit before the statute of limitations expires, conduct discovery to gather evidence, retain expert witnesses, and take your case to trial if necessary to secure full compensation. Most personal injury attorneys work on contingency, meaning you pay nothing unless they recover compensation for you.

The initial consultation is typically free, so you have nothing to lose by discussing your case with an attorney. During this consultation, the attorney will evaluate your claim, explain your legal options, and outline a strategy for maximum recovery. Don't let the trauma of assault or battery prevent you from getting the justice and compensation you deserve. Learn more about our firm and how we can help you through this difficult time.

If you've been the victim of assault or battery in California, time is critical. First, ensure your safety and seek immediate medical attention. Report the crime to law enforcement—this creates an official record and may lead to criminal prosecution. Preserve all evidence: don't wash clothing, save damaged property, and write down everything you remember while it's fresh.

Second, document your injuries and losses. Photograph visible injuries, keep all medical records and bills, track lost wages and work time, and maintain a journal of your physical and emotional recovery. This documentation will be crucial for both your CalVCB application and any civil lawsuit. Whether you've suffered broken bones, back and neck injuries, or other trauma, thorough documentation strengthens your case.

Third, consult with an experienced California personal injury attorney as soon as possible. The two-year statute of limitations may seem like plenty of time, but building a strong case takes months of investigation and preparation. Early attorney involvement ensures evidence is preserved, witnesses are interviewed while memories are fresh, and all potential defendants are identified before it's too late. Your attorney can also help you navigate the CalVCB process and coordinate with criminal prosecutors. Contact us today for a free case evaluation.