If you are a victim of a violent crime in Nevada, you may sue your assailant for the “torts” of assault and/or battery. Typical damages include not only the medical bills for your physical injuries but also any lost income, lost earning capacity, and the emotional impact (“pain and suffering“) that can linger long after the attack.
In my experience handling assault and battery cases in Las Vegas, victims are often surprised to learn that the criminal case and their right to seek compensation are two separate matters. Even when an assailant is never charged or convicted, Nevada law may still give the victim a path to hold that person financially accountable through a civil lawsuit.
Suing for Assault in Nevada
To win a Nevada assault claim against your assailant (the defendant), we would need to prove these elements:
- The defendant intentionally placed you in reasonable apprehension of immediate harmful or offensive touching;
- The defendant intended to cause harmful or offensive touching;
- You did not give consent for the contact; and
- You were in apprehension of (feared) such contact.1
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.
Suing for Battery in Nevada
To win a battery claim in Nevada, we would need to prove these elements:
- The defendant willfully inflicted unlawful force or violence upon you;
- The defendant intended to cause harmful or offensive contact;
- Such contact did occur; and
- 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.
Money You Can Get from 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.
Getting 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
In my experience, assault and battery cases are particularly strong candidates for punitive damages because the harm is often intentional rather than accidental. When the evidence shows that an assailant deliberately acted with malice or a conscious disregard for the victim’s rights, I argue that compensatory damages alone may not adequately account for the seriousness of the conduct.
How Long You 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
In my experience, waiting to pursue an assault or battery claim can make the case more difficult even when the filing deadline has not yet arrived. Surveillance footage may be erased, witnesses can become harder to locate, and memories of exactly what happened can fade. For that reason, I encourage victims to speak with an attorney as soon as possible so we can determine the applicable deadline and begin preserving evidence while it is still available.
Other Claims You Can Sue For
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:
- The defendant intentionally confined you;
- This confinement was against your will and violated your freedom of movement;
- You were conscious of – or were harmed by – the confinement.6
Intentional Infliction of Emotional Distress (IIED)
To win an IIED claim, we would need to prove these elements:
- The defendant acted in an extreme and outrageous way;
- The defendant intentionally or recklessly caused emotional distress; and
- 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 those of “a reasonable person.” We would argue that assaulting and battering you is not “reasonable.”8
Filing a Police Report
Assault (NRS 200.471) and battery (NRS 200.481) are crimes in addition to civil claims; therefore, you can file a police report whether or not you sue.
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.
Winning Your Lawsuit if Your Assailant Wins the Criminal Case
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 than not that your assailant is liable: This is a much lower standard than in criminal trials.
Frequently Asked Questions
Can I sue someone for assault or battery in Las Vegas if they were never arrested?
Yes. A civil assault or battery lawsuit is separate from a criminal prosecution. You may be able to sue the person who attacked you even if the police never arrested them or prosecutors declined to file criminal charges. The burden of proof is also lower in a civil case than in a criminal case.
Can I sue for assault or battery if the defendant was found not guilty?
Potentially, yes. A criminal acquittal does not necessarily prevent you from bringing a civil lawsuit. Criminal prosecutors must prove guilt beyond a reasonable doubt, while a civil plaintiff generally has a lower burden of proof. Therefore, a civil claim may still be viable even when the defendant was not convicted.
Do I need a police report to sue someone for assault or battery in Nevada?
Not necessarily. A police report can provide valuable evidence, but it is not generally a prerequisite to filing a civil assault or battery lawsuit. Other evidence may include surveillance video, photographs, medical records, text messages, eyewitness testimony, and admissions made by the assailant.
What if the assault happened at a Las Vegas casino, hotel, bar, or nightclub?
Depending on the circumstances, you may have a claim against more than just the person who attacked you. A casino, hotel, bar, nightclub, or other property owner could potentially be liable under a negligence or premises liability theory if its failure to take reasonable safety measures contributed to the attack. Whether the business can be held responsible depends on the facts.
One of the most important questions in these cases is whether the business could have reasonably anticipated the danger and taken steps to prevent it. I look for evidence such as prior violent incidents, inadequate security, poor lighting, surveillance footage, and how employees responded before and during the attack. These details can help determine whether a casino, hotel, bar, or nightclub may share responsibility for the victim’s injuries.
Can I sue a Las Vegas casino or hotel for failing to prevent an assault?
Possibly. Nevada businesses generally have duties concerning the safety of people on their property. A claim may arise when there is evidence that a property owner or operator failed to take reasonable precautions against a foreseeable danger.
These cases are highly fact-specific, so I investigate issues such as prior incidents, security practices, surveillance footage, staffing, and what employees knew before the attack occurred.
What compensation can I recover after an assault or battery?
Depending on your injuries and losses, you may be able to recover compensation for medical expenses, lost wages, reduced earning capacity, property damage, and pain and suffering. In appropriate cases, punitive damages may also be available to punish particularly malicious or oppressive conduct.
Can I recover damages for emotional distress even if my physical injuries were minor?
Potentially, yes. The effects of an assault are not always limited to visible physical injuries.
A victim may experience significant emotional distress following an attack, and those effects can be relevant to damages. In some cases, the facts may also support a separate claim for intentional infliction of emotional distress.
What evidence should I save after an assault or battery?
Preserve as much evidence as possible, including photographs and videos of your injuries, medical records and bills, damaged clothing or property, witness contact information, text messages and social media communications, and any police or incident reports.
If the attack occurred at a business, surveillance footage can be especially important because it may not be retained indefinitely.
How long do I have to file an assault or battery lawsuit in Nevada?
Nevada generally gives victims two years to file a civil lawsuit for assault or battery. However, exceptions can affect the deadline in particular cases, so you should not assume that you have exactly two years.
I find that waiting can make evidence harder to obtain even when the statute of limitations has not expired.
What is the difference between assault and battery in Nevada?
Generally, assault involves intentionally placing someone in reasonable apprehension of immediate bodily harm or attempting to use physical force, while battery involves the willful and unlawful use of force or violence against another person.
In my experience, the distinction between assault and battery is not always obvious to victims, especially when both occur during the same confrontation. For example, a person may first threaten or attempt to strike someone, creating fear of immediate harm, and then actually make physical contact. When evaluating a case, I look closely at the entire sequence of events because the same incident may support claims for both assault and battery.
Can I sue if someone threatened me but never actually touched me?
Potentially, yes. Physical contact is not necessarily required for an assault claim.
For example, intentionally causing someone to reasonably fear immediate harmful or offensive contact may support a civil assault claim even if the threatened contact never occurs.
How much is an assault and battery lawsuit worth in Las Vegas?
There is no standard settlement amount for an assault or battery case. The value depends on factors such as the severity and duration of your injuries, medical expenses, lost income, future treatment, emotional distress, the strength of the evidence, and whether other defendants may share responsibility.
Predictably, cases involving permanent or serious injuries can be worth substantially more than cases involving relatively minor harm.
Can I sue for assault or battery if I knew the person who attacked me?
Yes. The fact that the assailant was a friend, acquaintance, coworker, family member, or romantic partner does not by itself prevent a civil lawsuit. What matters is whether the facts establish the elements of a civil claim and whether you suffered compensable damages.
I find that many victims hesitate to explore their legal options when the person who attacked them is someone they know. However, a personal, family, or professional relationship does not excuse an assault or battery. I focus on what actually happened, the evidence available, the injuries and losses the victim suffered, and the potential sources of recovery when determining whether a civil claim is worth pursuing.
Can I still sue if I fought back in self-defense?
Possibly. Defending yourself does not automatically prevent you from recovering compensation. However, the circumstances leading up to the confrontation and the amount of force used by each person can become important issues.
Evidence such as video footage and independent eyewitness testimony can be valuable when the parties disagree about who initiated the violence.
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
- Wright v. Starr (Nev. 1919) 179 P. 877.
- See Murphy v. S. Pac. Co. (Nev. 1909) 101 P. 322; Restatement (Second) of Torts, §§ 13 and 18 (1965).
- See Olivero v. Lowe (Nev. 2000) 995 P.2d 1023.
- NRS 42.005.
- NRS 11.190.
- Jordan v. State ex rel. Dept. of Motor Vehicles and Public Safety (Nev. 2005) 110 P.3d 30.
- Star v. Rabello (Nev. 1981) 625 P.2d 90.
- Turner v. Mandalay Sports Entm’t, LLC (Nev. 2008) 180 P.3d 1172.
- NRS 200.471.
- NRS 200.481.
