Can victims of assault and battery in Las Vegas file a lawsuit?

Posted on March 9, 2021

If you are a victim of a violent crime in Nevada, you may sue your assailant for the “torts” of assault and/or battery. You may still be able to recover damages even if your assailant is never criminally charged or convicted.

How do I sue for assault in Nevada?

To win a Nevada assault claim against your assailant (the defendant), we would need to prove these elements:

1. The defendant intentionally placed you in reasonable apprehension of immediate harmful or offensive touching;
2. The defendant intended to cause harmful or offensive touching;
3. You did not give consent for the contact; and
4. You were in apprehension of (feared) such contact¹

Therefore, assault is scaring you into thinking that you are about to be hurt, like an attempted battery. Examples include:

• throwing a phone at you and missing, or
• holding a clenched fist up to your face and threatening to hit you

Valuable evidence would include any videotape recordings of the incident or eyewitness testimony. Otherwise, assault can be difficult to prove since it requires no physical contact and therefore no injuries.

How do I sue for battery in Nevada?

To win a battery claim in Nevada, we would need to prove these elements:

1. The defendant willfully inflicted unlawful force or violence upon you;
2. The defendant intended to cause harmful or offensive contact;
3. Such contact did occur; and
4. The defendant’s actions caused your damages.²

In short, battery is any offensive or unwanted touching. Examples of battery include:

• punching,
• hitting,
• kicking,
• shoving,
• spitting on,
• hitting you with an object or vehicle, or
• physical abuse

Common evidence is photographs of – and any medical records concerning – the injuries you suffered. If your assailant tries to claim your injuries were self-inflicted, we can hire an expert medical witness to testify otherwise.

What money can I get for an assault and battery lawsuit?

We seek out-of-court settlements to cover your compensatory damages, which comprise all the out-of-pocket costs that you incurred due to your assailant’s violence. The two types of compensatory damages are 1) economic damages, and 2) non-economic damages.

Economic damages include losses that can be easily calculated, such as:

• Medical expenses, including hospital stays, office visits, rehab, home health care, medications, and therapy (such as for PTSD);
• Lost wages from being too injured or ill to work;
• Lost earning capacity if you are left unable to work; and
• Property damage.

Non-economic damages include losses that are more difficult to calculate, such as your pain and suffering. In my experience, non-economic damages are usually higher than economic damages.

If a settlement cannot be reached (which is rare), we would take the case to trial. If we win, the judge or jury would then decide on the damages award.³

Note that civil lawsuits for assault and battery concern only money and possibly injunctive relief (such as a court order for your assailant to never contact you again). Only criminal charges can result in jail and a criminal record.

Can I get punitive damages?

If your assault/battery case goes to trial and we win, we would ask the court to award punitive damages. Punitive damages are meant to punish your assailant for intentional, malicious, or oppressive behavior.

In Nevada, punitive damages are generally capped at:

• $300,000 if the compensatory damages are less than $100,000, or
• Three times the compensatory damages if they amount to $100,000 or more.⁴

How long do I have to sue?

You generally have two years after the incident to file an assault and battery personal injury lawsuit in Nevada. Though in some situations, you may have longer.

We can calculate what the statute of limitations is in your particular case.⁵

Are there other claims I can sue for?

Possibly. In many assault and battery cases, we can append claims for false imprisonment, intentional infliction of emotional distress, and/or negligence.

False imprisonment

To win a false imprisonment claim, we would need to prove these elements:

1. The defendant intentionally confined you;
2. This confinement was against your will and violated your freedom of movement;
3. You were conscious of – or were harmed by – the confinement⁶

Intentional Infliction of Emotional Distress (IIED)

To win an IIED claim, we would need to prove these elements:

1. The defendant acted in an extreme and outrageous way;
2. The defendant intentionally or recklessly caused emotional distress; and
3. You suffered severe or extreme emotional distress from the defendant’s conduct.⁷

Negligence

To win a negligence claim, we would need to prove these elements:

• The defendant owed you a duty of care;
• The defendant breached this duty of care;
• This breach caused your injury; and/or
• This injury resulted in damages.

When deciding whether your assailant was negligent, a jury would compare their actions to that of “a reasonable person.” We would argue that assaulting and battering you is not “reasonable.”⁸

Can I file a police report, too?

Yes, because assault (NRS 200.471) and battery (NRS 200.481) are crimes in addition to civil claims. Though it is recommended that you consult us first to discuss the best time to file and the best way to word it.

Police reports can be filed in person at the police station or over the phone (by calling 311). In Las Vegas, you can file a report online.

The criminal case process

Once your report is filed, the police will then investigate the matter, which may include interviewing you. If police find probable cause to believe your assailant committed assault and/or battery, they will be arrested and charged.

Should the case go to trial, prosecutors have the burden to prove guilt beyond a reasonable doubt. Then if your assailant is ultimately convicted, the court can impose criminal penalties.

Note that once you file the complaint, the case is out of your hands. The prosecutors can decide to press charges even if you later recant. They can also subpoena you as a witness, and the judge can punish you with jail if you do not show up.

Also note that the legal definitions of assault and battery in criminal law are a little different than in civil law: That your assailant intended to harm you is an element that needs to be proven only in the civil case, not the criminal case.

Assault penalties

Assault without a deadly weapon (“simple assault”) is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000 in fines.

Meanwhile, assault with a deadly weapon is a category B felony, carrying one to six years in prison and/or up to $5,000.⁹

The judge can also order the defendant to pay you restitution.

Battery penalties

Battery without a deadly weapon (“simple battery”) is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000 in fines.

Though if you sustained substantial bodily harm or were strangled, battery is a category C felony. This carries one to five years in prison and up to $10,000 (at the judge’s discretion).

Meanwhile, battery with a deadly weapon is a category B felony, carrying two to 10 years in prison and a possible fine of up to $10,000.

Though if you sustained substantial bodily harm or were strangled, the maximum prison sentence is 15 years.¹⁰

The judge can also order the defendant to pay you restitution.

If my assailant wins their criminal case, can I still sue and win?

Yes, it is not unusual for batterers to get acquitted in the criminal trial but be found liable in a civil case. The most famous example is O.J. Simpson: Although he was found not guilty in the criminal case, he was found liable in the civil case the victim’s family brought against him.

Criminal cases are actually very hard for prosecutors to win because they have to prove guilt beyond a reasonable doubt, which is a high bar.

In contrast, your burden of proof in an assault and battery lawsuit is only by a preponderance of the evidence. In other words, it is more likely or not that your assailant is liable: This is a much lower standard than in criminal trials.

Resources for victims of violence

Anyone in immediate danger should call 911. Otherwise, victims can find information and support through the following organizations:

• Crisis Support Services of Nevada – 24/7 crisis intervention and support.
• Mary’s Law for Nevada – Compilation of resources for victims.
• Domestic Violence Resource Center – 24/7 crisis hotline.
• DomesticShelters.org – Compilation of safe havens.
• Nevada Coalition to End Domestic and Sexual Violence – Advocacy, education, and support for victims.

---

Legal References