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

Posted on March 9, 2021

Man's bloody fist after fight — Nevada battery victims can sue the assailant.

Yes, victims of violence may sue their assailant for assault and battery in Nevada. A settlement should cover all medical expenses, lost wages from being unable to work, and pain and suffering. And depending on the case, victims may also have grounds to sue for false imprisonment and intentional infliction of emotional distress.

How do I sue for assault and battery in Nevada?

Assault and battery are actually two separate legal claims in Nevada. Assault is scaring someone into thinking that he/she is about to be hurt. Battery is physically hurting someone.

Assault

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

The defendant intentionally placed the plaintiff in reasonable apprehension of immediate harmful or offensive touching;
The defendant intended to cause harmful or offensive touching;
The plaintiff did not give consent for the contact; and
The plaintiff was in apprehension of (feared) such contact¹

Therefore, assault is like an attempted battery. 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.

Battery

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

The defendant willfully inflicted unlawful force or violence upon the plaintiff;
The defendant intended to cause harmful or offensive contact;
Such contact did occur; and
The defendant’s actions caused the plaintiff’s damages.²

Common evidence is photographs of – and any medical records concerning – the injuries the plaintiff suffered.

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

Personal injury attorneys seek settlements to cover all of the plaintiff’s compensatory damages. These are all the out-of-pocket costs that the plaintiff incurred due to the defendant’s wrongdoing. Typical compensatory damages consist of:

Medical expenses, including hospital stays, office visits, rehab, home health care, medications, and therapy;
Lost wages from being too injured or ill to work;
Lost earning capacity if the plaintiff is unable to work; and
Pain and suffering, which is often the largest expense

If a settlement cannot be reached, the case would then go to trial. If the plaintiff wins, the judge or jury would then decide on the damages award.³

Can I get punitive damages?

Possibly. If the case goes to trial and the plaintiff wins, the plaintiff can ask the court to award punitive damages. Punitive damages are meant to punish the defendant for 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 victims have to sue?

Battery and assault victims generally have two years after the incident to file a personal injury lawsuit in Nevada. But in some situations, victims may have longer. A personal injury attorney can calculate what the statute of limitations is in a particular case.⁵

Are there other claims I can sue for?

Possibly. Assault and battery victims may also have grounds to be plaintiffs in a lawsuit for false imprisonment and/or intentional infliction of emotional distress.

False imprisonment

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

The defendant intentionally confined the plaintiff;
This confinement was against the plaintiff’s will and violated his/her freedom of movement;
The plaintiff was conscious of – or was harmed by – the confinement⁶

Intentional Infliction of Emotional Distress (IIED)

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

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

Man committing assault by holding up fists and trying to punch

Assault and battery victims may be able to recover damages for medical bills, lost wages, and pain and suffering.

Can I file a police report, too?

Yes. Assault (NRS 200.471) and battery (NRS 200.481) are crimes in addition to civil claims. Therefore, victims of violent crimes can file a police report against the assailant. Though it is recommended that victims consult an attorney first to discuss when is the best time to file it 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). And in Las Vegas, victims can file a report online.

Police will then investigate the matter, which may include interviewing the victim. If police find probable cause to believe the suspect committed assault and/or battery, the suspect will be arrested and charged.

Then if the suspect is ultimately convicted, the court can impose criminal penalties. Note that defendants can still be civilly liable for assault and battery even if they are not criminally convicted of it.

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 $5,000.⁸

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. But if the victim sustained substantial bodily harm or was 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. But if the victim sustained substantial bodily harm or was strangled, the maximum prison sentence is 15 years.⁹

Legal References

Wright v. Starr, (1919) 42 Nev. 441, 179 P. 877.
See Murphy v. S. Pac. Co., (1909) 31 Nev. 120, 101 P. 322; Restatement (Second) of Torts, §§ 13 and 18 (1965).
See Olivero v. Lowe, (2000) 116 Nev. 395, 995 P.2d 1023.
NRS 42.005.
NRS 11.190.
Jordan v. State ex rel. Dept. of Motor Vehicles and Public Safety, (2005) 121 Nev. 44, 110 P.3d 30.
Star v. Rabello, (1981) 97 Nev. 124, 625 P.2d 90.
NRS 200.471.
NRS 200.481.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.