Assault and Battery Attorney
Most personal injury cases turn on carelessness. Assault and battery cases are different — the harm was intentional, and Oregon law treats it that way.
A civil claim for assault and battery pursues accountability on your terms, separate from any criminal proceedings. High Desert Law’s assault and battery attorneys handle these cases across Oregon with a clear understanding of what they require and what they can achieve.
Assault Battery Lawyers
A criminal assault or battery case is prosecuted by the state. A civil claim - suing for assault and battery - is yours to bring and it operates on a separate track, separate from any criminal proceedings.
You don’t need a criminal conviction to pursue a civil claim. And you shouldn’t wait for criminal proceedings to conclude to speak with an assault and battery personal injury attorney.
Our assault battery lawyers handle the civil side while criminal proceedings follow their own course.
Suing for Assault and Battery
Assault and battery claims are built around the perpetrator’s intent to cause harm. It’s not an accident, not carelessness, but a deliberate act. That distinction matters in court.
Because the harm was intentional, Oregon law allows for punitive damages (ORS 31.730), an award designed not to compensate you, but to punish the perpetrator and deter the same conduct in the future. It’s a legal tool that acknowledges the nature of what happened.
We pursue the full scope of what you’re entitled to: compensatory damages for your injuries and economic losses, and where the facts support it, punitive damages that hold the perpetrator fully accountable.
Assault and battery lawsuits are among the most serious civil claims Oregon law allows — and we’re prepared to take them as far as they need to go.
Best Assault and Battery Injury Attorney
The right assault and battery lawyer not only understands how intentional tort cases differ from standard personal injury claims, in what needs to be proven, how damages are calculated, and how civil proceedings interact with criminal ones - but most importantly, is a fierce and genuine voice for you.
That feeling of having a true advocate in your corner is why we start every conversation by listening to your story and your concerns. Our first job is to understand the harm you’ve suffered.
We match that trust with a specific and crucial kind of experience. We understand that an intentional tort case is fundamentally different. It’s not just about compensation, it’s about holding a person directly accountable for their actions. We have guided survivors through the unique complexities of intentional harm cases, and we are prepared to be the strong, steady advocate you need. If you’ve been harmed by a deliberate act and want to understand your civil options, a free consultation is the right first step.
Assault and Battery FAQs
What is the difference between assault and battery in a civil claim?
In civil law, assault refers to an intentional act that causes a reasonable fear of imminent harmful contact. Battery refers to intentional harmful or offensive physical contact. Civil claims often involve both. What matters legally is that the conduct was deliberate, not accidental.
Can I file a civil claim if the person was charged criminally?
Yes. Civil and criminal cases are entirely separate. A criminal conviction can support your civil claim, but you don’t need one. You can pursue civil accountability regardless of whether charges were filed, whether a trial occurred, or what the outcome was. The standard of proof in civil court is also lower than in criminal court.
What damages can I recover in an assault and battery civil claim?
Recoverable damages include medical expenses, lost wages, pain and suffering, and emotional distress. Because the conduct was intentional, Oregon law also allows for punitive damages (ORS 31.730) — awarded to punish the perpetrator and discourage similar conduct. The availability of punitive damages depends on the specific facts of your case.
How long do I have to file an assault and battery civil claim in Oregon?
Oregon’s general personal injury statute of limitations is two years from the date of injury (ORS 12.110). Some circumstances, including cases involving minors or ongoing harm, may affect that timeline. Speak with an attorney before assuming the window has passed.
What if the person who harmed me has no money to pay a judgment?
This is a practical consideration in every intentional tort case. In some situations, third-party liability may be available — for example, if the assault occurred on a property with inadequate security, or involved conduct by an employee acting within the scope of their employment. We evaluate the full picture of who may be responsible before recommending a course of action.
Do I have to go to court?
Not necessarily. Many civil claims, including intentional tort cases, resolve through settlement. Whether settlement is appropriate depends on the facts of your case and what you want to achieve. We’ll be clear about the options before any decisions are made.
Assault and Battery Settlement Calculator
After an assault, seeking justice is a way to reclaim your sense of control. Our Assault and Battery Settlement Calculator is a straightforward tool that provides clarity on the financial aspect of your claim.
If you’ve received a settlement offer, this calculator helps you measure it against what you truly deserve. It determines the total settlement an attorney needs to obtain for you to recover more than you would on your own.
This provides a clear, factual basis for your next steps, empowering you to make an informed decision about holding the responsible party accountable.
