Intentional Torts and Civil Assault and Battery Claims

If someone deliberately hurt you — hit you, threatened you with violence, or touched you without consent — you can usually sue them in civil court for money damages even if there's also a criminal case (or no criminal case at all). This is called an "intentional tort," and it's legally different from a negligence claim (like a typical car accident) in three important ways: you're proving the person meant to act, not just that they were careless; the criminal and civil systems are completely separate and run on their own tracks; and the at-fault person's homeowner's or renter's insurance will often refuse to cover it, because most liability policies exclude intentional or criminal acts.

What counts as an intentional tort

The two most common claims in this category are civil assault and civil battery. In most states, the general concepts are:

• Civil assault — the person intentionally put you in reasonable fear of an imminent harmful or offensive contact. No touching is required; a raised fist, a lunge, or a credible verbal threat paired with a menacing act can be enough.
• Civil battery — the person intentionally made harmful or offensive contact with you (or caused something to touch you) without your consent. This covers everything from a punch to being deliberately shoved, spat on, or struck with an object.

Other common intentional torts that sometimes overlap with a personal-injury situation include false imprisonment (unlawfully restraining someone), intentional infliction of emotional distress (extreme, outrageous conduct causing severe distress), and in some states a separate claim for wrongful death if the intentional act was fatal. The exact names, elements, and available damages vary by state — this article covers the general shape, not any one state's rule.

Civil case vs. criminal case: two separate tracks

People are often confused about how the criminal and civil systems relate. They are independent:

• Criminal case — brought by the government (a prosecutor/district attorney), not by you. The goal is punishment (jail, probation, fines paid to the state). You are a witness, not a party, and you generally don't control whether charges are filed, reduced, or dropped.
• Civil case — brought by you (the victim), seeking money damages for your medical bills, lost wages, pain and suffering, and sometimes punitive damages. You control this case and can file it whether or not the person is ever arrested, charged, or convicted.

You can pursue a civil claim even if:

• The prosecutor declines to file charges;
• The defendant is acquitted in the criminal case; or
• There is no criminal case at all (for example, the police treated it as a "civil matter" or you didn't report it to police).

That's because the two systems use different burdens of proof, discussed below, and a criminal acquittal does not mean the conduct didn't happen — only that the state couldn't prove it beyond a reasonable doubt.

The burden of proof is lower in civil court

This is one of the most important practical differences, and it's why civil claims sometimes succeed even after a criminal case fails:

• Criminal cases require proof "beyond a reasonable doubt" — the highest standard in American law.
• Civil cases generally require proof only by a "preponderance of the evidence," meaning it's more likely than not (roughly, more than 50%) that the person committed the act and caused your harm.

A well-known real-world illustration of this gap is the O.J. Simpson case: a criminal jury acquitted him, but a separate civil jury later found him liable for wrongful death under the lower civil standard and awarded damages. The lesson isn't about that specific case — it's that the outcome of a criminal case doesn't decide your civil rights, and a "not guilty" verdict or a decision not to prosecute doesn't mean you have no civil claim.

Insurance often won't pay — and why that matters

This is the practical catch with intentional-tort claims. In an ordinary negligence case (like a slip-and-fall or car crash), the at-fault party's insurance typically covers the payout. With intentional acts, that safety net frequently disappears:

• Most homeowner's and renter's insurance policies have an intentional-acts exclusion, meaning the insurer won't defend or pay for injuries the policyholder caused on purpose.
• Auto policies often have similar exclusions if a driver intentionally rams or strikes someone, as opposed to causing an accident through carelessness.
• Because of this, a person can be legally "liable" for a large judgment but have no insurance money behind it, which can make actually collecting the money much harder than winning the case.

Because of the insurance gap, it's worth thinking early about collectability — whether the person who hurt you has assets, wages that can be garnished, or any other insurance policy that might still apply (some policies define "intentional" narrowly, and a few states allow limited coverage in specific situations). This is a fact-specific question a local attorney can evaluate; don't assume either way.

Separately, if the incident happened on someone else's property (a bar, apartment complex, employer's premises, etc.), you may have an additional, independent claim against that property owner or business for negligent security or failing to prevent foreseeable violence — and that claim often is covered by commercial liability insurance even though the attacker's own liability isn't.

What to do

1. Get medical care and document everything. Photograph injuries, keep all medical records and bills, and save any texts, voicemails, security footage, or witness contact information.
2. Report to police if you haven't already. A police report can support both a criminal case and your civil claim, even if you're unsure whether you want charges pursued.
3. Don't wait to look into a civil claim. Deadlines for filing (called the statute of limitations) vary by state and sometimes vary further depending on the specific claim (assault and battery deadlines are sometimes shorter than general negligence deadlines in a given state). Confirm the deadline for your state and your specific claim with a local court clerk's self-help resources or an attorney — don't rely on a general number.
4. Track every financial and personal impact. Medical bills, therapy costs, lost wages, and a record of how the incident affected your daily life and mental health.
5. Consult a personal-injury attorney, ideally one experienced with intentional-tort or assault cases. Most offer free initial consultations and work on contingency (commonly around one-third of any recovery, though this varies), meaning you typically pay nothing upfront and nothing if there's no recovery.
6. Ask your attorney about all possible sources of recovery — the individual, any applicable insurance, a property owner or business (if premises security was a factor), or your state's crime victim compensation fund, which many states offer regardless of whether you sue civilly.

Punitive damages are more common here than in ordinary accident cases

Because intentional torts involve deliberate wrongdoing rather than carelessness, courts and juries are more willing to award punitive damages — money meant to punish the defendant and deter similar conduct, on top of compensation for your actual losses. Some states cap or otherwise restrict punitive damages by statute, and the U.S. Supreme Court has said that grossly excessive punitive awards can violate due process (see BMW of North America v. Gore, 1996, and State Farm Mutual Automobile Insurance Co. v. Campbell, 2003). Whether punitive damages are available, and any limits on them, depends on your state — ask your attorney rather than assuming a number.

A note on money and taxes

Compensation you receive for physical injuries or physical sickness is generally excluded from federal taxable income under the tax code (26 U.S.C. § 104(a)(2)). Money that's really for something else — like punitive damages or amounts specifically allocated to emotional distress not arising from a physical injury — can be treated differently for tax purposes. If your settlement is significant, it's worth asking your attorney or a tax professional how it will be characterized.

Not legal advice

This article explains general legal concepts and is not legal advice; laws vary by state and by the facts of your situation, so talk to a licensed attorney in your state about your specific rights and deadlines.