Assault And Battery Lawyer Los Angeles

Protecting Your Rights with LA Injury Lawyers

Victims of assault and battery often face physical injuries, emotional trauma, and financial burdens. At LA Injury Lawyers, we are dedicated to helping victims hold perpetrators accountable and secure the compensation they deserve. Our experienced legal team provides personalized representation to ensure justice is served in these challenging cases.

We manage every aspect of your claim, from gathering evidence and interviewing witnesses to negotiating settlements or taking your case to court. Whether it’s for medical expenses, lost wages, or emotional distress, we are committed to achieving the best outcome for you.

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Why Choose LA Injury Lawyers

Victims of assault and battery trust LA Injury Lawyers for our proven expertise and dedication. We offer:

Expert Legal Guidance: Specializing in assault and battery claims to achieve justice.

Comprehensive Representation: Handling evidence collection, negotiations, and litigation.

Aggressive Advocacy: Fighting for fair compensation and holding perpetrators accountable.

 

$11 M
Settlement

Brain injury victim

$10 M
Settlement

Car accident victim

$8.2 M
Settlement

Motorcycle
accident victim

$7 M
Settlement

Back injury victim

If you’ve been harmed in an assault or battery incident, you’re likely dealing with emotional trauma, physical injuries, and unexpected financial burdens. At LA Injury Lawyers, we understand how these situations can disrupt your life, and we’re committed to helping you seek the compensation and justice you deserve. While criminal courts may punish the perpetrator, a civil lawsuit can be the path to recovering damages for your injuries, pain, and suffering. In this comprehensive guide, we’ll cover the essentials of assault and battery claims, explain how they differ, outline your legal options, and detail how our team at LA Injury Lawyers can support you every step of the way.

Understanding Assault and Battery

Knowing what these terms mean under civil law is essential to filing a successful assault or battery claim. Though they’re often used together, assault and battery are technically distinct causes of action.

  1. Assault
    Assault is an intentional act that creates a reasonable fear of imminent harmful or offensive contact. In simpler terms, if someone acts in a threatening way that makes you fear you’re about to be harmed—even if you aren’t physically touched—it may qualify as an assault in a civil context. For instance, if someone raises their fist or brandishes a weapon at you, and you have a genuine fear of immediate harm, that could be grounds for an assault claim.
  2. Battery
    Battery involves actual harmful or offensive physical contact. The key difference is that battery requires contact, whereas assault does not. Even minimal contact—if it’s non-consensual and intended to harm or offend—can constitute battery. Examples might include a shove, punch, or other unwanted physical force. Although battery is often accompanied by assault, you can have a battery claim without a separate assault claim if there was no prior threat before the physical contact.

The Difference Between Criminal and Civil Cases

  1. Criminal Cases
    In a criminal case, the state prosecutes the perpetrator (the “defendant”) to uphold public law and order. The defendant may face fines, probation, or jail time if found guilty. However, criminal proceedings focus primarily on punishing wrongdoing and deterring future crimes. The victim does not receive direct compensation from a conviction unless there is a restitution order.
  2. Civil Cases
    A civil assault and battery claim is brought by the injured party (the “plaintiff”) to recover damages from the person who caused them harm. In other words, it’s about compensation for medical bills, lost wages, emotional distress, and other losses. Civil cases have a different burden of proof (“preponderance of the evidence”) compared to criminal cases (“beyond a reasonable doubt”). As a result, it may be easier to succeed with a civil claim, even if the defendant avoids a criminal conviction.

By filing a civil lawsuit, you control your recovery process. Your claim is less about seeing the perpetrator in jail and more about ensuring that you’re made whole for any harm done.

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Unlock the full potential of your personal injury case with our dedicated legal services. At LA Injury Lawyers, we specialize in securing justice and maximum compensation for individuals like you who deserve the best representation.

Types of Assault and Battery Claims

At LA Injury Lawyers, we encounter a variety of scenarios under the broad categories of assault and battery. Here are some of the most common:

  1. Physical Altercations in Public Settings
    Fights can occur in bars, nightclubs, or even grocery stores. Whether it started as a verbal confrontation or an unprovoked attack, you might have a viable claim if someone else’s intentional actions harmed you.
  2. Domestic Violence
    Assault and battery are unfortunately common in domestic settings. If you’ve been harmed by a spouse, partner, or family member, you may pursue a civil claim to cover the costs of medical treatment and emotional harm. While criminal charges might also be involved, civil claims remain vital for seeking compensation.
  3. Workplace Violence
    Suppose you were assaulted or battered on the job. In that case, you might have the option to file a workers’ compensation claim and a civil suit if the perpetrator was not a co-worker or the employer was negligent in providing security. Workplace assaults can be complicated, so getting legal guidance is crucial.
  4. Excessive Force by Security Personnel
    Security guards and bouncers are often placed in high-tension situations. If they use more force than necessary or act aggressively without reason, they could be held liable for assault or battery. This is particularly common in crowded venues where security personnel may overstep their bounds.
  5. Police Misconduct
    Law enforcement officers have legal protections, but that doesn’t grant them the right to use excessive force. Victims of police brutality may file a civil rights lawsuit as well as a personal injury claim for assault and battery. These cases can be complex and involve government entities, so you’ll need an experienced legal team.

How to Prove Assault and Battery

In California, assault and battery are two distinct claims with their own specific elements. While they’re often mentioned together, it’s important to understand what sets them apart.

Assault
To succeed in a civil assault claim, you generally need to prove:

  1. Intentional Attempt or Threat: The defendant intentionally attempted or threatened to harm you.
  2. Apparent Ability: At the time of the threat, the defendant seemed capable of carrying it out.
  3. Reasonable Apprehension: You genuinely feared immediate harm or offensive contact. (Physical contact doesn’t need to happen for assault.)

Battery
For a civil battery claim, you must show:

  1. Intentional Touching or Use of Force: The defendant intentionally touched you or used force against you.
  2. Harmful or Offensive Manner: That touch or force was harmful or offensive.
  3. Lack of Consent: You did not consent to that contact.

Causation and Damages
Even if you prove the basic elements of assault or battery, you still have to connect the defendant’s actions to the harm you suffered and show the value of any losses (economic or non-economic). Evidence like medical records, therapy bills, or documentation of missed work can help establish both the cause and extent of your damages.

At LA Injury Lawyers, we build a solid case by gathering evidence, speaking with witnesses, and working with medical and financial experts. We aim to maximize your chances of recovering substantial compensation by demonstrating each element clearly.

Damages You May Be Entitled To

If your assault or battery claim is successful, you may receive compensation for a variety of losses:

  1. Medical Bills
    This includes current and future expenses related to treatment, including doctor’s visits, hospital stays, surgeries, physical therapy, and medications.
  2. Lost Wages
    If you had to take time off work or lost your job due to your injuries, you could recover any income you missed out on. This also extends to diminished earning capacity if your injuries prevent you from returning to the same line of work.
  3. Pain and Suffering
    These damages address the physical pain and emotional distress you’ve endured. In cases of severe assault and battery, especially if you develop post-traumatic stress disorder (PTSD) or anxiety, the compensation can be significant.
  4. Property Damage
    If your personal belongings were damaged during the altercation, you might include the costs of repairs or replacement in your claim.
  5. Punitive Damages
    While less common, punitive damages may be awarded in cases of particularly egregious behavior. These damages are meant to punish the defendant rather than simply compensate you.

Building a Strong Case: Evidence and Investigation

A thorough investigation is crucial for a successful assault and battery claim. The more substantial the evidence you gather, the more likely you will secure fair compensation. Here’s what typically goes into building a strong case:

  1. Witness Statements
    Eyewitnesses can make or break an assault or battery case. Independent third parties who watched the incident unfold can confirm key details, such as who initiated contact and whether it appeared intentional.
  2. Video Footage or Photos
    Security cameras are everywhere in bars, parking lots, and public streets. If you can obtain video footage of the incident, it can serve as compelling proof of the defendant’s actions.
  3. Medical Records
    Immediate and thorough documentation of your injuries is vital. Seek medical attention promptly and keep all records, including doctor’s notes and hospital bills. These documents will link your injuries to the incident.
  4. Police Reports
    If law enforcement is called to the scene, a police report can offer an unbiased account of the incident. While not definitive proof, a police report can support your version of events.
  5. Expert Testimony
    Sometimes, we consult experts such as medical professionals, vocational experts, and mental health specialists to paint a complete picture of your injuries and how they affect your life.

At LA Injury Lawyers, we’ll help you gather and preserve each piece of evidence. By orchestrating a comprehensive investigation, we can build a persuasive case showing how the defendant is responsible for your injuries.

Common Defenses in Assault and Battery Cases

In any personal injury lawsuit, the defendant may employ one or more defenses to avoid liability. In assault and battery cases, here are some typical defenses:

  1. Self-Defense or Defense of Others
    The defendant might argue they only used force because they believed they (or someone else) were in immediate danger. If they can show their actions were reasonable and necessary to protect themselves or another person, they might avoid or reduce liability.
  2. Consent
    If you voluntarily engaged in an activity where some level of physical contact was expected—like contact sports—the defendant may argue you consented to the risk of harm. However, consent is not a blanket excuse for all injuries.
  3. Defense of Property
    In some jurisdictions, individuals can use limited force to protect their property. If the defendant claims you were trespassing or damaging their property, they might argue their actions were justified.
  4. Lack of Intent
    The defendant could claim the incident was an accident or that they didn’t mean to cause fear or harm. Demonstrating intent is critical in any assault or battery case, and a good defense might focus on undermining that element.

At LA Injury Lawyers, we anticipate these defenses and counter them with compelling evidence. We’ll work diligently to demonstrate that the defendant’s behavior was unreasonable, intentional, or reckless, thus undermining their claims of self-defense or lack of intent.

Choosing LA Injury Lawyers: Your Partners in Legal Recovery

  1. Extensive Experience
    Our attorneys have handled a wide range of personal injury cases, including complex assault and battery lawsuits. We know how to navigate the legal system to give our clients the best possible chance of a successful outcome.
  2. Compassionate Advocacy
    We understand how deeply an assault or battery can affect you—physically, emotionally, and financially. Our team takes the time to listen to your story, guide you through your options, and develop a strategy that prioritizes your well-being.
  3. Resources for In-Depth Investigation
    We have the resources to build a strong case, from gathering video evidence and witness statements to consulting medical experts. Our network of professionals helps us uncover every detail and present a compelling argument on your behalf.
  4. No Fee Unless We Win
    At LA Injury Lawyers, we typically work on a contingency fee basis. This means you won’t pay us unless we recover compensation for you. We believe everyone deserves quality legal representation, regardless of their financial situation.
  5. Local Expertise
    Our firm understands the nuances of local courts and laws and the unique cultural aspects of the LA community. Our commitment to local advocacy means we’re always attuned to the details that can help your case succeed.

Taking Legal Action: The Process Step-by-Step

  1. Free Consultation
    Your first step is to schedule a consultation. During this confidential meeting, we’ll evaluate the strength of your case, explain your options, and answer your questions.
  2. Investigation and Documentation
    We’ll gather any evidence—medical records, witness statements, police reports, video footage—that supports your claim. This phase can take time, but it’s essential for building a robust foundation.
  3. Filing the Lawsuit
    We’ll draft and file the necessary legal documents once we determine that a lawsuit is your best option. The defendant then has a set amount of time to respond.
  4. Discovery
    Both sides exchange evidence, question witnesses, and gather facts. This stage might involve depositions (recorded interviews under oath) that provide more insight into the defendant’s account.
  5. Negotiation and Settlement
    Many assault and battery cases are resolved before reaching trial. We’ll enter negotiations with the defendant’s legal team, and if they offer a fair settlement, we’ll present it for your approval.
  6. Trial (If Necessary)
    If negotiations fail, we’ll take your case to trial. We’ll present evidence, question witnesses, and argue your claim before a judge or jury. While going to trial can take longer, securing the compensation you need may be the best path.

Time Limits: Statute of Limitations

In many states, there’s a strict time limit (statute of limitations) for filing an assault or battery claim. Typically, you have two years from the date of the incident to file your lawsuit. However, the timeframe may vary depending on your jurisdiction and the specific circumstances of your case. Waiting too long to act could bar you from recovering any compensation. By contacting LA Injury Lawyers promptly, you’ll ensure your claim is filed within the legal window, and we can begin preserving evidence immediately.

Why Acting Now Is Crucial

  • Evidence Preservation: Witnesses’ memories fade over time, and surveillance footage might be erased. Acting quickly helps secure valuable evidence.
  • Legal Deadlines: Missing the statute of limitations is a surefire way to lose your chance at compensation.
  • Emotional Closure: Initiating legal action promptly often helps victims start the healing process. Taking proactive steps empowers you and provides a sense of closure sooner rather than later.

Ready to Stand Up for Your Rights?

Contact us today for a free, confidential consultation. We’ll listen to your story, assess the merits of your case, and develop a legal strategy to secure the compensation you need to heal and move forward. Remember, you won’t owe us a penny unless we win. Your rights and well-being matter—let us help you protect them.

Areas We
Specialize In

We provide compassionate legal support for individuals facing challenges from personal injuries. Whether it’s a slip and fall, workplace injury, or medical malpractice, our team is here to fight for the justice and compensation you deserve.

01

Car Accident

02

Motorcycle Accident

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Bicycle Accident

Frequently Asked Questions

While a police report can strengthen your case, it’s not always mandatory. You can still build a valid claim if you have other evidence—like medical records or eyewitness statements. However, obtaining a police report can reinforce your position.

In some situations, the victim may have verbally provoked or been engaged in a mutual altercation. You may still be eligible to recover damages even if you bear some responsibility. Many states follow comparative negligence rules, which reduce your award based on your percentage of fault.

The value of an assault and battery claim depends on factors like the severity of your injuries, medical costs, lost income, and emotional distress. We can’t provide an exact figure upfront, but we’ll evaluate all these aspects to give you a realistic range.

Yes. Civil claims are independent of criminal charges. You can pursue compensation for your injuries even if prosecutors decline to file or fail to secure a conviction against the assailant.

Every case is unique. Some resolve within months if liability is clear and the defendant is cooperative. Others may take longer, especially if the parties disagree on the extent of the injuries or damage.

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