Assault and Battery Lawyers and Legal Options for Victims

Assault and battery are serious offenses that can leave victims physically and emotionally scarred, but whether the incident occurs in a public setting, private residence, or business establishment, you’re more than just a victim and have rights to take action, seek justice, and get financial compensation. 

At Morgan & Morgan, we have fought For the People for over 35 years, and we understand the hardships and trauma you can face after an assault. Our compassionate team of over 1,000 trial-ready lawyers is ready to help. We can hear your story and advise you on your best next steps.

If you or a loved one has been a victim of assault and battery, the attorneys at Morgan & Morgan can provide the legal expertise and representation needed to hold perpetrators accountable. Contact us today for a free and confidential case evaluation to learn more about your legal options.

Assault vs. Battery: What’s the Difference?

Although often mentioned together, assault and battery are legally distinct terms:

• Assault occurs when a person intentionally threatens or attempts to cause harm to another person, causing the victim to fear imminent danger. Physical contact is not required for an act to be considered assault.
• Battery occurs when an individual makes unwanted, harmful, or offensive physical contact with another person. Unlike assault, battery requires physical action.

Examples of Assault and Battery

• Swinging a fist at someone and missing (assault)
• Hitting someone with a fist (battery)
• Threatening someone while holding a weapon (assault)
• Striking someone with an object (battery)

In many states, charges for assault and battery can range from misdemeanors to felonies, depending on the severity of the act and whether a weapon was involved.

Types of Assault and Battery Cases

Assault and battery cases can take many forms, including:

Simple Assault & Battery

Simple assault involves minor threats or attempted harm without a weapon. Simple battery includes physical contact that does not cause serious injury. These are typically classified as misdemeanors but can still result in legal consequences.

Aggravated Assault & Battery

Aggravated assault occurs when a person threatens or attacks another using a deadly weapon or with intent to cause severe bodily harm. Aggravated battery involves physical attacks that result in significant injury, permanent disfigurement, or involve a weapon.

Domestic Violence

Assault and battery within domestic settings, including between spouses, partners, or family members, are classified under domestic violence laws. Victims of domestic assault may also seek protective orders to prevent further abuse.

Sexual Assault

Sexual assault includes any non-consensual sexual contact or coercion, ranging from unwanted touching to rape. Survivors of sexual assault can pursue civil lawsuits against perpetrators and, in some cases, property owners or employers who failed to prevent the crime.

Workplace Assault

Workplace violence, including physical fights, sexual harassment, or threats, can lead to civil claims against the perpetrator and the employer if negligence is involved.

Assault in Public Places

Assault and battery can occur in bars, nightclubs, shopping malls, or other public areas. In some cases, property owners may share liability if they failed to provide adequate security to prevent foreseeable violence.

School & Campus Assault

Assault and battery incidents, including hazing and bullying, frequently occur in schools and on college campuses. Institutions that fail to address these issues can be held legally accountable.

Who Is at Fault for My Assault? Premises Liability in Assault and Battery Cases

When you’ve been assaulted—whether at a bar, apartment complex, parking garage, or even a concert—you may assume the only person at fault is the attacker. But in many cases, the property owner or business operator may also be legally responsible for what happened to you. This legal concept is known as premises liability, and it can be important in helping victims recover compensation for their injuries, trauma, and financial losses.

What Is Premises Liability?

Premises liability is a legal doctrine that holds property owners and occupiers accountable for accidents and injuries that occur on their premises due to unsafe or negligent conditions. While it’s often associated with slip and falls or defective stairs, premises liability can also apply to violent crimes, like assault and battery, if the incident was reasonably foreseeable and preventable.

Can a Property Owner Be Liable for an Assault?

Yes, under certain circumstances. A property owner may be held liable if they failed to take reasonable steps to provide adequate security or prevent foreseeable criminal conduct. The key legal question is whether the property owner’s negligence contributed to the conditions that led to your assault.

Common examples include:

• Inadequate lighting in parking lots or stairwells
• Lack of security personnel in high-crime areas
• Broken or missing locks on apartment doors or gates
• Failure to act on prior criminal activity or threats
• Negligence in hiring or supervising staff (e.g., bouncers, hotel staff)
  
   

What Makes an Assault “Foreseeable”?

Foreseeability is one of the most important factors in determining whether a property owner may be liable. Courts often look at:

• Past criminal activity on or near the property
• Police reports or complaints from residents or patrons
• Whether the type of business or location increases the risk (e.g., nightclubs, motels in high-crime areas)
• Whether the owner ignored known risks or failed to improve safety measures
   

If an attack could have been reasonably anticipated—and steps weren’t taken to prevent it—the owner may be considered negligent.

What to Do Next: The Legal Process for Assault and Battery Lawsuits

If you’ve been the victim of an assault or battery, the aftermath can feel overwhelming. You may be in pain, dealing with emotional trauma, and unsure of where to turn. While criminal charges may be filed against your attacker, you also have the right to pursue a civil lawsuit to recover damages for your injuries and suffering.

Here’s a breakdown of the legal process and what you can expect if you choose to pursue an assault and battery lawsuit.

Step 1: Seek Immediate Medical Attention

Your health comes first. Even if you don’t feel seriously hurt, it’s important to see a doctor right away. Some injuries, especially internal or emotional ones, may not be immediately obvious. Medical records will also serve as key evidence if you choose to file a lawsuit later.

Step 2: Report the Incident

File a police report as soon as possible. A formal report documents what happened, creates an official timeline, and can support your civil case. It may also lead to criminal charges against the assailant
 

Even if the attacker is never arrested or charged, your report is still important in a civil lawsuit.

Step 3: Contact Morgan & Morgan

Assault and battery lawsuits are complex, especially when premises liability is involved. A personal injury attorney can help you:

• Determine if you have a valid claim
• Identify all potentially liable parties (including property owners)
• Estimate the value of your case
• Handle communications with insurance companies
• Guide you through every step of the legal process
   

At Morgan & Morgan, we offer free case evaluations and you don’t pay unless we win. That way you have nothing to lose and can have access to justice regardless of your bank account.

Step 4: Build the Case

If you move forward with a lawsuit, your legal team will begin the investigation and discovery phase, which includes:

• Collecting evidence: security footage, crime reports, medical records, photos, etc.
• Interviewing witnesses: anyone who saw or heard what happened
• Hiring experts: to evaluate security protocols, assess damages, or testify to your pain and suffering
• Reviewing the attacker’s history: especially if the incident happened at a business or on someone’s property
   

If a business or property owner’s negligence contributed to your assault, they may share liability.

Step 5: File the Lawsuit

Once your case is built, your attorney will file a civil lawsuit against the liable party or parties. Depending on the facts, you may sue:

• The attacker (individual liability)
• The property or business owner (premises liability)
• A negligent third party (such as an employer or security company)
   

Your lawsuit will seek financial compensation for the damages you’ve suffered.

Step 6: Negotiation and Settlement

Many assault and battery lawsuits are resolved before trial. Your attorney may enter into negotiations with the defendant’s legal team or insurance provider.

If a fair settlement offer is made, you can choose to accept it. A Morgan & Morgan attorney will advise you on whether the offer reflects the true value of your damages, push back if the other side offers less than you deserve, and even prepare to go to trial if necessary

 

Step 7: Trial (If Necessary)

If a settlement can’t be reached, your case may proceed to trial. During trial:

• Your legal team will present evidence and witness testimony
• The defense will present their case
• A judge or jury will decide whether the defendant is liable and, if so, how much you should be awarded
   

While going to trial can be stressful, your attorney will fight for your rights every step of the way.

How Is a Civil Case Different From a Criminal Case?

If your attacker is arrested, the state may file criminal charges. But even if they’re convicted, that doesn’t provide you with compensation. A premises liability claim is a civil case, which means you can pursue damages regardless of whether your attacker is criminally charged or convicted.

In some cases, both your attacker and the property owner can be named in a civil lawsuit.

What Damages Can You Recover From an Assault and Battery Lawsuit?

If you’ve been the victim of assault and battery, the impact can extend far beyond physical pain. Emotional trauma, financial strain, and life disruption are all common consequences—and you may be entitled to compensation for all of it.

Medical Expenses

Assault and battery can result in serious injuries—from bruises and broken bones to traumatic brain injuries or long-term disabilities. You may be compensated for:

• Emergency room visits
• Hospital stays
• Surgeries or procedures
• Prescription medications
• Physical therapy or rehabilitation
• Future medical care related to the assault
   

Even if your injuries seem minor, it’s important to get checked out—both for your health and for documentation.

Lost Wages and Future Income

If you had to miss work because of your injuries, you may be entitled to:

• Lost wages from missed days or weeks of work
• Lost job opportunities or promotions
• Loss of earning capacity if your injuries prevent you from working at the same level
   

An experienced attorney can help calculate these damages using your income records and medical evaluations.

Pain and Suffering

Physical pain is often just the beginning. You may also be able to recover damages for:

• Chronic pain or discomfort
• Emotional distress
• Anxiety, depression, or PTSD
• Loss of enjoyment of life
• Sleep disturbances or flashbacks
   

Pain and suffering are non-economic damages, meaning they don’t have a direct dollar amount—but they are very real and recognized by the courts.

Emotional Distress and Mental Health Treatment

Many assault victims experience lasting psychological effects. If you’ve needed counseling, therapy, or medication to cope with the trauma, you may be compensated for:

• Ongoing therapy sessions
• Psychiatric treatment
• Medication for anxiety, depression, or PTSD
• Emotional toll on your relationships or personal life
  
   

Property Damage

In some cases, your belongings may have been damaged during the assault—such as a phone, vehicle, or personal items. You may be reimbursed for repair or replacement costs.

Punitive Damages

Unlike other damages meant to compensate you, punitive damages are meant to punish the attacker (or another liable party) for especially reckless or malicious conduct.

Punitive damages aren’t available in every case but may apply when the conduct was egregious, like a violent assault that resulted in permanent harm, or when a property owner knowingly ignored a serious safety risk.

Wrongful Death Damages (If Applicable)

If a loved one was fatally assaulted, their family may be eligible to file a wrongful death lawsuit and recover damages such as:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship
• Emotional suffering of surviving family members
  
   

How Are Damages Calculated?

Every case is different. Factors that may affect the amount of compensation include:

• Severity and permanence of your injuries
• Cost of medical care
• Impact on your career and daily life
• Degree of emotional trauma
• Whether the assault occurred due to someone else’s negligence (e.g., a business that failed to provide security)
   

A qualified attorney at Morgan & Morgan can help evaluate your case, gather evidence, and calculate a fair amount to pursue in a settlement or trial.

How Morgan & Morgan Can Help

Following an assault, you may be wondering if you need a lawyer, what kind of lawyer handles assault and battery cases, and how much an assault and battery lawyer can cost.

The answer is yes, get a lawyer—a personal injury lawyer can help your case, and if you work with Morgan & Morgan, the Fee Is Free®, and you only pay if we win your case.

At Morgan & Morgan, we understand the emotional and physical toll that assault and battery can have on victims. Our experienced attorneys fight aggressively to secure justice for our clients, even in the most complex assault and battery cases. 

As the nation’s largest personal injury law firm, we leverage our resources to gather evidence, interview witnesses, and build a strong case. Whether through settlement or trial, we fight for maximum compensation for our clients, and we’ve recovered over $25 billion in the process.

If you or a loved one has been a victim of assault and battery, you deserve justice. Morgan & Morgan has helped thousands of victims secure compensation and hold wrongdoers accountable. Contact us today for a free case evaluation and take the first step toward reclaiming your rights.