Can You Sue Someone for Assault?

 
We often characterize assault as a crime, which it can be. At the same time, an assault is a wrongful act that can serve as the basis for a personal injury lawsuit.

 
Below, we detail what you should know.

What’s Considered Assault?

Assault is usually defined as an intentional act that someone inflicts on another person. A physical attack or a threat of an attack can be classified as an assault, battery, or both.

 
In more serious situations or when there’s a dangerous weapon involved, it can be characterized as an aggravated assault.

 
The definition of an assault is usually any intentional behavior or act that causes another person to have concern of an attack or physical harm. Even putting someone in a position where they fear an attack can be assault.

 
In the past, assault and battery were two different crimes. In that sense, battery meant that the aggressor had to physically hit or touch the victim, so the battery was a completed assault. Now assault and battery are usually indistinguishable from one another in the legal sense.

 
Many states will classify an assault as simple or, as was touched on above, aggravated.

 
A simple assault will usually include misdemeanor penalties. Some states will call it that—misdemeanor assault.
Misdemeanor assault usually involves threats or harm with minimal injuries.

 
Aggravated assault is a felony that might involve serious bodily harm or an assault that involves the use of a weapon. An assault can also be aggravated if it occurs within a relationship dynamic the law sees as having special protections.

Civil vs. Criminal Cases

A civil case is one involving a dispute between individuals or organizations. A criminal case is one where the harm of action impacts society. That’s why a criminal case is considered an offense against the state.

 
If you’re involved in a civil case, and you’re the plaintiff, you’re making a claim that the defendant didn’t carry out a legal duty owed to you.

 
The plaintiff may be asking the court to require a defendant to fulfill a duty or compensate for the harm done. Sometimes, they’re asking for both.

 
In a criminal case, there is a formal accusation which is an indictment for felonies and serious crimes, or information for misdemeanors.

 
The government prosecutes the case on behalf of the people of the U.S. in a criminal case.

 
If you’re the victim in a criminal situation, it’s not your responsibility to bring the case.

 
State governments are responsible for arresting and prosecuting people who are accused of breaking laws.

 
If someone is determined by the court to have committed a crime, they receive a sentence. Their sentence might be monetary, like paying a fine. Sentences can also include imprisonment or community supervision, which is known as probation. The sentence can also be a combination.

 
There are acts that can lead to both a civil claim and criminal charges, and assault and battery are an example.

Assault in Personal Injury Law

In personal injury law, assault is known as an intentional tort.

 
If you’re going to file an assault lawsuit, there are some things you have to prove.

 
First, you have to prove it was an intentional action from the defendant.

 
You have to show the intention of the defendant was to make you fear harm, as well.

 
A wrongful act in civil law will require damages to be actionable. Damages in an assault case most often include physical injuries. Damages could also include medical bills, time off work, and subjective harms.

 
Economic damages are meant to reimburse you if you incur expenses related to the assault. For example, you might have lost income or medical bills. Non-economic damages usually include pain and suffering.

 
There are also punitive damages that can come into play as part of civil lawsuits. Punitive damages for assault are a way to punish the person who harmed you. They’re not available everywhere and in all situations.

Should You Sue For Assault?

While you can sue for assault, that doesn’t always mean you should. You’ll need witnesses and often a conviction from the related case in criminal court. You also have to think about the financial elements that come with filing a lawsuit for assault.

 
A civil lawsuit is meant to compensate a victim, and it’s to be paid by the person who perpetrated the assault.
If someone assaulted you, but they don’t have substantial assets, you may not be able to recover anything even if you’re awarded compensation in court.

 
Liability insurance policies don’t cover intentional acts, so the perpetrator would be personally financially responsible.

 
Winning money in a civil case isn’t the same as being able to collect it.

 
If you’re hurt in a public place, your options might be different. For example, let’s say you’re assaulted in the parking lot of a hospital. You could make the claim that the hospital was negligent in the provision of security.

 
You would have to show the property owner owed you a duty of care and that they failed in their duty. You’d also have to show you were harmed and that adequate security would have prevented the assault.

 
If an attack takes place in a public place, there are several parties who could be legally responsible aside from just the attacker.

 
If an assault occurs on public property, the government usually isn’t liable unless they should have known the attacks were likely and they failed to take action.

So what does all this mean?

You can sue someone for an assault, but whether or not you should is a different story. The best thing you can do is talk to an experienced personal injury attorney. They’ll go over the facts of your case and help you figure out the steps you should take next.