Assault and battery are criminal offenses, but many people don’t realize that victims can also file a civil lawsuit to seek financial compensation for their injuries. Unfortunately, misconceptions about legal rights, liability, and compensation often prevent victims from taking action. If you or a loved one has been injured due to assault or battery in California, it’s essential to understand the truth behind these myths to protect your rights.
Myth #1: Assault and Battery Cases Are Only Handled in Criminal Court
While assault and battery are crimes that can result in criminal charges, victims can also pursue a civil lawsuit to recover damages. A criminal case may punish the offender with jail time and fines, but it does not compensate the victim for medical bills, lost wages, emotional distress, or long-term injuries. Filing a personal injury lawsuit allows victims to seek financial justice for the harm they suffered.
Myth #2: You Can’t Sue If the Person Who Attacked You Wasn’t Convicted
A common misconception is that if the perpetrator wasn’t convicted in criminal court, the victim has no legal options. However, the burden of proof is different in civil cases than in criminal cases. Criminal cases require proof beyond a reasonable doubt, while civil lawsuits only require a preponderance of the evidence, meaning it’s more likely than not that the attacker caused your injuries. Even if the attacker was not convicted, you can still win a civil lawsuit.
Myth #3: You Can Only Sue the Person Who Committed the Assault
While the individual who attacked you is the primary party responsible, others may also be held liable under certain circumstances. You may be able to file a premises liability claim or a negligent security lawsuit if:
A bar, nightclub, or concert venue failed to provide adequate security, leading to an attack
A landlord or apartment complex ignored security risks, allowing an assault to happen
A business or employer failed to protect employees from workplace violence
A school or college neglected reports of bullying or harassment that escalated into physical violence
These claims hold property owners, businesses, and employers accountable for failing to prevent foreseeable harm.
Myth #4: If You Started the Fight, You Can’t Recover Compensation
If a person provoked or initiated a physical altercation, their ability to recover compensation may be reduced under California’s comparative negligence laws. However, this does not mean they are completely barred from seeking damages. If the other party used excessive force or continued the attack after the victim attempted to withdraw, the victim may still have a claim.
An experienced attorney can evaluate the details of the case to determine whether you still have grounds for compensation.
Myth #5: Assault and Battery Lawsuits Are Only for Physical Injuries
While physical injuries such as broken bones, concussions, and lacerations are common in assault and battery cases, victims can also suffer emotional and psychological trauma. Civil lawsuits can compensate victims for:
Post-traumatic stress disorder (PTSD)
Anxiety and depression
Pain and suffering
Lost income due to emotional distress or fear of returning to work
Mental and emotional harm can be just as damaging as physical injuries, and victims deserve compensation for the full impact of the attack.
Don’t Let These Myths Stop You from Seeking Justice
If you’ve been injured in an assault or battery incident in California, don’t let misinformation prevent you from taking legal action. Even if criminal charges were not filed, you may still have a strong case for financial compensation. The experienced attorneys at Doyle Accident and Personal Injury Attorneys in the San Gabriel Valley are ready to fight for your rights and help you recover the damages you deserve.
Call (626) 737-0036 today for a free consultation!
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