If you were the victim of a physical assault in public in California, you may be entitled to file a personal injury lawsuit to recover compensation for your injuries—in addition to any criminal charges the assailant may face. Assault is both a crime and a civil wrong (tort), and California law allows victims to pursue justice and financial recovery through the civil court system, even if the attacker is not criminally convicted.
🧑⚖️ Can You Sue for Assault in California?
Yes. Under California civil law, a physical assault is considered an intentional tort, which means you can sue the person who assaulted you in civil court. In some cases, you may also be able to sue third parties—like a business, event organizer, or property owner—if their negligence contributed to the assault (such as lack of security or failure to intervene).
👊 What Is Considered Physical Assault in California?
In a civil context, “assault” and “battery” are often paired:
- Assault: The threat or attempt to use force (even if no contact occurs)
- Battery: The actual harmful or offensive physical contact
You can sue for battery if someone physically attacked you, even if they are not convicted of a crime.
✅ Who Can Be Held Liable?
1. The Attacker
- The primary person responsible for causing you harm. Even if they face criminal charges, you can still sue them for damages.
2. Property Owners or Businesses
- If the assault occurred on a commercial or public property (e.g., a mall, bar, concert, or parking lot), you may be able to sue the owner or operator for negligent security if they failed to protect you from foreseeable violence.
3. Employers or Organizations
- If the attacker was an employee acting within the scope of their duties (e.g., a security guard or bouncer), the employer may be held vicariously liable.
📁 Evidence Needed in a Personal Injury Assault Case
To successfully pursue your case, collect as much evidence as possible, including:
- Police reports
- Eyewitness statements
- Surveillance footage (from businesses, traffic cams, etc.)
- Photos of injuries or the scene
- Medical records
- Text messages, emails, or threats from the attacker (if applicable)
- Any prior reports or complaints involving the same person or location
💰 What Damages Can You Recover?
You may be entitled to compensation for:
✅ Economic Damages:
- Medical bills (ER visits, follow-up care, therapy)
- Lost wages or loss of earning potential
- Property damage (e.g., broken phone, glasses, clothes)
✅ Non-Economic Damages:
- Pain and suffering
- Emotional distress or trauma (e.g., anxiety, PTSD)
- Loss of enjoyment of life
🟧 Punitive Damages:
If the assault was particularly violent or malicious, California courts may award punitive damages to punish the attacker and deter future misconduct.
👨⚖️ Do You Need a Lawyer?
Absolutely. Assault-related personal injury cases can be legally and emotionally complex. A personal injury attorney can:
- Investigate the assault and identify all liable parties
- Gather critical evidence (like security footage)
- Deal with police, prosecutors, and insurers
- Negotiate a settlement or represent you in court
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].