Find Compensation for Assault and Battery with a Personal Injury Claim

Being the victim of an assault or battery is traumatizing. In addition to any criminal charges the offender might face, you may be left with medical bills, injuries, and emotional scars. Many people don’t realize that you have the right to seek compensation through a civil personal injury claim if someone intentionally harmed you. In Washington State, a personal injury lawsuit for assault and battery can help cover your losses and hold the perpetrator financially accountable. Here’s what you need to know about pursuing a personal injury claim after an assault.

Criminal Case vs. Civil Case: What’s the Difference?

You can pursue a civil claim regardless of whether the attacker was convicted criminally.

Firstly, it’s important to distinguish between a criminal proceeding and a civil personal injury claim:

• A criminal case is brought by the government (prosecutor) against the person accused of assault or battery. If convicted, the offender may face jail, fines, or other penalties. Criminal courts can sometimes order restitution to victims, but this is often limited.

• A civil personal injury case is initiated by you, the victim, against the attacker (and potentially other liable parties, which we’ll discuss). The purpose is to recover monetary damages for your injuries and losses. The civil case doesn’t send anyone to jail; it’s about compensation.

You can pursue a civil claim regardless of whether the attacker was convicted criminally. Even if the prosecutor didn’t charge them or they were acquitted, the burden of proof in civil court is lower (“preponderance of evidence” vs. “beyond a reasonable doubt”), so you could still win a civil case.

Damages You Can Recover for Assault/Battery

Intentional injuries can be severe. Washington law allows assault victims to recover:

• Medical Expenses: Emergency room treatment, hospital stays, surgeries, physical therapy, psychological counseling (assault can cause PTSD or anxiety that needs treatment), and any other healthcare costs stemming from the attack.

• Lost Wages: If you missed work due to your injuries or therapy, or if long-term injuries affect your earning ability, those lost earnings can be claimed.

• Pain and Suffering: Assault isn’t just physically painful – it’s emotionally traumatic. You can claim damages for the physical pain endured as well as emotional distress, mental anguish, insomnia, fear, and any lasting psychological impacts.

• Property Damage: Sometimes personal property is damaged or lost in an assault (clothing torn, phone broken, etc.). That property damage can be included.

• Punitive Damages: While Washington generally doesn’t allow punitive damages in negligence cases, an intentional tort like assault might open the door to punitive damages in some jurisdictions. However, Washington courts typically follow the rule of no punitive damages even in intentional torts (they prefer criminal punishment to handle “punitive” aspects). Instead, the focus is on full compensation of the victim’s losses.

Who Can Be Held Liable?

Identifying all potential sources of recovery is crucial.

The obvious defendant is the person who attacked you. They committed an intentional tort (assault is the threat of harm, battery is the actual harmful contact). But sometimes, third parties can be held partly responsible under a theory of negligence.

For instance:

• Property Owners: If you were assaulted on someone else’s premises (like a bar, nightclub, or apartment complex), you might have a premises liability claim if inadequate security contributed to the attack. Perhaps the parking lot lights were out, or a security guard was negligent, or the bar continued to serve an obviously aggressive patron. Washington law requires property owners to take reasonable steps to keep visitors safe from foreseeable harm, including third-party criminal acts in some cases.

• Employers: If you were attacked by an employee of a business while they were on the job (for example, a bouncer who used excessive force, or a nursing home staff member who abused a patient), the employer may be vicariously liable for the actions of its employee or liable for negligent hiring/supervision if they failed to screen or monitor that employee properly.

• Parents of Minors: If a minor assaults someone, parents can sometimes be held financially responsible up to certain limits, under Washington State’s parental responsibility laws (for malicious acts of minors, there are statutory caps on parents’ liability, often a few thousand dollars).

Identifying all potential sources of recovery is crucial. The assailant themselves may not have assets or insurance to collect from, but a business or property owner might have insurance coverage that can compensate you.

Using the Washington Crime Victims Compensation Program

As a complement to a personal injury claim, remember that Washington’s Crime Victims Compensation Program (CVCP) can help pay some of your expenses (medical bills, counseling, lost wages) after a violent crime. We will discuss this more in the next section, but keep in mind it’s an available resource while you pursue a civil claim. CVCP is payer of last resort, which means if you win a civil case or get a settlement, the program may seek reimbursement of what it paid. Still, it can be a lifeline in the short term.

How to Proceed with a Civil Claim

Our attorneys approach these cases with compassion and tenacity.

To start a personal injury claim for assault:

1. File a Police Report: It sounds like a criminal step (and it is), but having an official report is also evidence in your civil case. It documents what happened while details are fresh.

2. Document Your Injuries: Get medical attention and keep records. Take photographs of injuries (bruises, cuts) as they heal, to show the progression and severity. Keep a journal of your emotional state and daily struggles after the incident.

3. Contact a Personal Injury Attorney: An attorney can evaluate the viability of suing the attacker and any third parties. They’ll know if similar cases have been successful in your area.

4. Prepare for the Attacker’s Lack of Insurance: Unlike car accidents where drivers carry auto insurance, individuals generally don’t have “assault insurance.” However, if the assault happened at a business or due to negligence of a property owner, there may be liability insurance from those entities. Sometimes, a homeowner’s insurance policy might cover certain assault claims (for example, if someone was negligently allowed on the property and they assaulted a guest). Your lawyer can identify insurance avenues.

5. Litigation Concerns: Be aware, suing the person who assaulted you could be tricky if they have no assets. But the act of suing can sometimes lead to structured settlements or wage garnishment of the defendant over time, if feasible. Additionally, a civil suit publicly holds them accountable, which can be part of a victim’s healing process.

   
   

Church, Page & Gailan – Your Advocates for Justice After an Assault

At Church, Page & Gailan, we stand firmly with assault and battery victims. Our attorneys approach these cases with compassion and tenacity. We will explore every angle to obtain compensation, from pursuing the attacker in civil court to investigating any third-party negligence that enabled the assault. Our team understands the sensitive nature of assault cases; we work to ensure your voice is heard and your rights are protected. You can count on us to handle the legal battle while you focus on recovering physically and emotionally.

Call to Action: You are not alone, and you have the right to seek justice beyond the criminal courtroom. Contact Church, Page & Gailan PLLC for a free consultation about your assault injury claim. We’ll explain your options for compensation and help you take back control. Call us at (509) 638-1414 – let our experienced team fight for the compensation and closure you deserve after an assault or battery.