The New York Times
The Washington Post
USA Today
San Jose Mercury News
CBS This Morning

Obtaining Compensation for Assault and Battery Injuries

Victim InjuryWhile most personal injury cases involve matters of accidental negligence, there are other cases that involve intentional injury to victims. Assault and battery are examples of intentional and potentially compensable incidents. Learn more about tort cases involving assault and battery, including how to determine if you may be eligible for a civil lawsuit case, with help from the following information.

Defining Assault and Battery

Though often used hand in hand, assault and battery are separate acts. Battery is an action or behavior that is meant to cause harm and/or causes the victim to believe they could be harmed. Generally, it does not involve any form of physical contact. Examples of battery might include verbal threats, threatening physical gestures (such as raising a fist), or any other action that might lead a victim to believe they are in imminent danger.

In contrast, assault involves direct and/or indirect contact that results in harm (of any degree) to the victim. Examples of assault could include throwing a rock that hits the victim, pinching or biting the victim, or tampering with a victim’s vehicle so that it causes a car crash. Note that, in an assault case, time can lapse between the time the act is committed by the perpetrator and the victim experiences harm.

When are Assault and Battery Cases Compensable?

A victim can usually file criminal charges against their perpetrator to protect themselves from further harm, but they may not always be eligible for compensation through the civil court. Further, there are some situations in which the harm experienced by the victim is not severe enough to draw a settlement worth pursuing. Yet, regardless of the degree, victims should consult with a knowledgeable attorney if they have experienced any of the following injuries or effects from an assault and/or battery situation:

  • Hospital and/or medical bills,
  • Post-traumatic stress disorder,
  • Lost wages,
  • Therapy and/or mental health expenses,
  • Physical disfigurement,
  • Severe or debilitating depression and/or anxiety,
  • Traumatic brain injury, and
  • Any other serious or debilitating condition.
Contact Our San Jose Personal Injury Lawyers

When you have been the victim of a violent crime, including assault and/or battery, you need assistance from an advocate you can trust. Compassionate and dedicated to your best interests, Corsiglia, McMahon & Allard, LLP is the name to remember. Learn more about how our San Jose victim injury lawyers can assist with your case. Call (408) 289-1417 and schedule your free consultation today.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association
Public Justice Trial Lawyer of The Year