Civil Assault & Battery Attorney Los Angeles | Beverly Hills, Santa Monica

A criminal prosecution protects the public — a civil lawsuit puts the harm done to you at the center of the case.

When someone physically harms you through assault, battery or other intentional violence, you have the right to pursue a civil claim for damages regardless of whether criminal charges are filed, pursued or result in a conviction. The civil and criminal systems operate independently — a prosecutor's decision not to charge, a plea to a lesser offense or even an acquittal does not affect your right to civil recovery.

Civil assault and battery claims can support compensatory damages — medical expenses, lost income, pain and suffering and emotional distress — and in appropriate cases, punitive damages. Where the conduct is particularly egregious, punitive damages can substantially increase the value of a civil recovery.

Civil assault and battery claims frequently arise alongside other legal matters — including premises liability claims where the assault occurred due to negligent security, civil sexual assault claims where the battery involved sexual violence, and defamation claims where false accusations have been made about the incident.

Civil & Criminal Claims Are Independent

A civil assault or battery claim may be pursued regardless of whether criminal charges are filed or result in a conviction. The civil standard of proof — preponderance of the evidence — is lower than the criminal standard of beyond a reasonable doubt.

Punitive Damages Available

California Civil Code § 3294 authorizes punitive damages where the defendant acted with malice, oppression or fraud. In assault and battery cases involving egregious conduct, punitive damages can substantially increase the available recovery.

Two-Year Statute of Limitations

California's statute of limitations for assault and battery claims is generally two years from the date of the incident (CCP § 335.1). Claims against a government entity require a tort claim within six months. Where the victim is a minor, the limitations period may be tolled until the victim reaches the age of majority.

Types of Claims

Civil Assault & Battery Claims We Handle

Simple & Aggravated Battery

Battery is the intentional and harmful or offensive touching of another person without consent. California civil battery claims do not require proof of injury — any offensive touching is actionable — though the severity of harm significantly affects damages. Aggravated battery involving weapons, serious bodily harm or attacks on protected classes can support enhanced damages.

Physical assault and battery claims
Battery with weapons or objects
Attacks in public or commercial establishments
Security guard and bouncer misconduct
Battery by public figures or celebrities

Intentional Infliction of Emotional Distress

Where the conduct is extreme and outrageous and causes severe emotional distress, a claim for intentional infliction of emotional distress (IIED) may be available alongside or independent of a battery claim. IIED claims are frequently asserted in cases involving harassment, stalking or abuse of authority — and in cases involving persistent patterns of threatening behavior even where no physical contact occurs.

Stalking and harassment-based IIED claims
Threatening conduct without physical contact
Pattern of abusive or coercive behavior
Workplace violence and intimidation
Public humiliation and reputational attacks

False Imprisonment

False imprisonment — the unlawful restraint of a person against their will — is a civil tort that can be asserted alongside battery or independently. It frequently arises in cases involving physical confinement, unlawful detention by private security or situations where threats or force prevent a person from leaving.

Unlawful detention claims
Security guard and private citizen restraint
Confinement by threat or force
Companion claims to battery
Employer or authority figure confinement

Negligent Enablement & Third-Party Liability

Where a third party — an employer, venue, property owner or organization — knew or should have known of a perpetrator's dangerous propensities and failed to act, that third party may share civil liability for the assault or battery. These third-party negligence claims can significantly expand the available recovery beyond what the direct perpetrator can pay.

Employer liability for violent employees
Venue and nightclub security liability
Negligent hiring and supervision claims
Property owner failure-to-protect claims
Organization liability for known predators

Why Eagan Law

Representation in High-Stakes Civil Violence Claims

Civil assault and battery cases require counsel who understands both the legal framework and the human dimensions of these matters — including the sensitivity and discretion that victims of civil violence deserve throughout the process.

Civil and Criminal Coordination

In cases where criminal proceedings are also underway, coordination between the civil and criminal matters is essential. Eagan Law advises clients on the interplay between both tracks and on how to position the civil case for the best outcome.

Punitive Damages Strategy

Where the defendant's conduct is egregious, a punitive damages claim can dramatically increase the value of the civil case. Building the evidentiary foundation for punitive damages requires strategic thinking from the outset.

Personal Involvement at Every Stage

Todd Eagan is personally involved in every matter at the firm. In sensitive civil violence matters, that level of direct engagement — from investigation through resolution — is essential.

California Law

California Civil Assault & Battery Law

California recognizes both assault — placing a person in reasonable apprehension of harmful or offensive contact — and battery — the actual harmful or offensive touching — as civil torts. Unlike criminal assault and battery, the civil standard of proof is preponderance of the evidence, meaning it is more likely true than not. A plaintiff need not prove criminal-level intent — only that the contact was intentional and offensive or harmful.

California Civil Code § 3294 authorizes punitive damages in civil cases where the defendant acted with malice, oppression or fraud. In assault and battery cases, malice may be shown by the nature of the conduct — particularly where the attack was premeditated, disproportionate or directed at a vulnerable victim. Punitive damages are assessed separately from compensatory damages and are intended to punish the defendant and deter similar future conduct.

Statute of Limitations: Civil assault and battery claims in California must generally be filed within two years of the date of the incident (CCP § 335.1). Where the victim is a minor, the limitations period may be tolled until the victim turns 18. Claims against a government entity require a tort claim within six months under the Government Claims Act. If the incident occurred in the workplace, workers' compensation deadlines may apply and are shorter — notify your employer within 30 days. Eagan Law does not handle workers' compensation matters. Early consultation is important to preserve evidence and identify all responsible parties — including third parties who may share liability.

Where an employer knew or should have known of an employee's dangerous propensities, California recognizes liability under a theory of negligent hiring, supervision or retention. This doctrine — sometimes called negligent enablement — can be a critical tool in cases where the direct perpetrator lacks assets sufficient to satisfy a judgment.

Common Questions

Frequently Asked Questions

Can I sue someone for assault or battery if the police did not charge them?

Yes. Civil and criminal proceedings are completely independent of one another. A prosecutor's decision not to file charges — or a defendant's acquittal in criminal court — has no bearing on your right to bring a civil claim. The civil standard of proof is preponderance of the evidence, which is significantly lower than the criminal standard of beyond a reasonable doubt. Many successful civil assault and battery cases proceed even where no criminal charges are filed.

What damages can I recover in a civil battery lawsuit in California?

A successful civil battery plaintiff may recover compensatory damages including medical expenses, lost wages, future treatment costs, pain and suffering and emotional distress. In cases where the defendant acted with malice, oppression or fraud, California Civil Code § 3294 also authorizes punitive damages — which can substantially increase the total recovery. Where a third party shares liability, that party's assets may be available to satisfy the judgment.

Can I sue a bar, venue or employer if I was assaulted on their premises?

Yes, in many cases. California law recognizes liability for negligent security — where a property owner or business knew or should have known of a dangerous condition or the threat posed by certain individuals and failed to take reasonable protective measures. Employers may also be liable for assaults committed by employees where the employer knew or should have known of the employee's dangerous propensities. These third-party claims can significantly expand available recovery.

Does it matter if I also suffered emotional trauma and not just physical injury?

No — physical injury is not required to bring a civil battery or intentional infliction of emotional distress claim. Even offensive touching without physical harm can support a battery claim. Emotional distress damages are available as a component of compensatory damages in assault and battery cases, and a separate claim for intentional infliction of emotional distress may also be available where the conduct was extreme and outrageous.

How long do I have to file a civil assault or battery claim in California?

The statute of limitations for civil assault and battery claims in California is generally two years from the date of the incident under Code of Civil Procedure § 335.1. Where the victim is a minor, the limitations period may be tolled until the victim reaches age 18. Early consultation is strongly advised — evidence can disappear quickly and witnesses' memories fade.

Service Areas

Santa MonicaBeverly Hills MalibuPacific Palisades Los AngelesWest Hollywood Bel AirStudio City

Assault & Battery — Civil Claims