Injured by Violence? You May Have a Right to Compensation Under New Jersey Civil Law

Assault and battery are not just crimes—they are also civil wrongs. If you have been physically attacked, threatened with harm, or injured by another person’s intentional conduct, you may be entitled to compensation through a civil lawsuit, even if no criminal charges were filed.

At Ratliff Jackson LLP, we represent victims of assault and battery throughout Cherry Hill, Camden County, and South Jersey in personal injury claims based on intentional acts. We pursue damages for physical injuries, emotional trauma, and long-term impacts caused by violent encounters—at work, in public, in private settings, or anywhere someone else caused you harm.

What Is Assault and Battery in Civil Law?

Under New Jersey law, assault and battery are intentional torts. They are separate from criminal charges and allow injured individuals to seek monetary compensation.

Assault (Civil Definition)

Assault is the intentional act of putting someone in fear of imminent physical harm, even if no contact occurs. For example, if someone threatens to hit you and raises their fist, that may qualify as civil assault.

Battery (Civil Definition)

Battery occurs when someone intentionally makes harmful or offensive physical contact without your consent. This can include hitting, pushing, slapping, or any other form of physical attack.

You can pursue a civil claim for assault and/or battery regardless of whether the other person was arrested or convicted. These claims are decided in New Jersey Superior Court – Civil Division under the standard of preponderance of the evidence, not beyond a reasonable doubt.

Who Can File a Civil Lawsuit for Assault or Battery?

We represent individuals who have been harmed by intentional violence in a wide range of settings, including:

• Victims of domestic or relationship violence
• Bar, nightclub, or restaurant patrons assaulted by customers or staff
• Students assaulted at school or on campus
• Elderly individuals injured in nursing homes or care facilities
• Employees attacked by coworkers or customers
• Shoppers injured in retail locations or parking lots
• Individuals assaulted by security guards or bouncers
• Victims of unlawful restraint, shoving, or physical intimidation

What Damages Can You Recover?

A successful civil assault and battery claim can result in compensation for:

• Medical bills (ER visits, surgery, rehabilitation, therapy)
• Lost income and reduced earning ability
• Pain and suffering
• Emotional distress and PTSD
• Scarring or disfigurement
• Property damage (e.g., broken glasses, phone, clothing)
• Punitive damages (in egregious cases)

We pursue the full extent of damages available under New Jersey tort law, including claims under the NJ Punitive Damages Act (N.J.S.A. 2A:15-5.9) where applicable.

What If the Person Was Never Charged with a Crime?

Civil and criminal cases are separate. You can file a civil claim even if:

• The person was never arrested
• Prosecutors declined to press charges
• The defendant was acquitted in criminal court
• You want compensation beyond what a criminal court can provide

The burden of proof in civil court is lower. You don’t need a conviction to win damages.

Third-Party Liability: Suing Businesses, Property Owners, and Employers

In many assault and battery cases, a third party may also be legally responsible for failing to prevent the harm. We pursue claims against:

• Businesses that failed to provide adequate security
• Bars or clubs that overserved violent patrons
• Apartment complexes with broken locks or poor lighting
• Schools or daycare centers that failed to supervise children
• Employers that ignored prior incidents or failed to protect workers
• Nursing homes where staff or residents committed abuse

These claims are often based on negligent security, negligent hiring, or premises liability.

How We Build Your Case

Our attorneys investigate every aspect of the incident to build a strong claim:

• Collecting surveillance footage, incident reports, and police records
• Interviewing eyewitnesses and gathering medical documentation
• Identifying responsible individuals, businesses, or institutions
• Evaluating long-term medical, psychological, and economic effects
• Preparing for negotiation or trial if necessary

We aim to resolve cases through strong settlement negotiation but are fully prepared to take your claim to trial in New Jersey Superior Court when needed.

Statute of Limitations in New Jersey

Under N.J.S.A. 2A:14-2, you generally have two years from the date of the incident to file a civil claim for assault and battery. However, different rules may apply if the injury occurred:

• As a minor
• As part of a domestic violence pattern
• In a government-owned facility
• In connection with a sexual assault (which may have extended timeframes)

We help you evaluate all applicable deadlines and preserve your rights.

Frequently Asked Questions (FAQs)

Q: Can I sue someone for hitting me even if they weren’t arrested?
A: Yes. You can file a civil battery claim whether or not the person was charged or convicted. Civil law focuses on compensation, not punishment.

Q: Is there a difference between assault and battery in New Jersey?
A: Yes. Assault is the threat or attempt to cause harm; battery is actual harmful or offensive contact. You can file for one or both depending on what happened.

Q: Can I sue a business if I was assaulted on their property?
A: Possibly. If the business failed to provide adequate security or knowingly allowed a dangerous situation to exist, you may have a third-party liability claim.

Q: What if the person who hurt me doesn’t have any money?
A: In many cases, we pursue claims against third parties such as businesses, property owners, or insurers who may be financially responsible.

Q: Do I need to prove intent?
A: Yes, but civil cases use a lower burden of proof. We must show the person acted intentionally or recklessly—not accidentally.

Take the First Step Toward Justice and Recovery

You do not have to suffer in silence after being assaulted. Whether your injuries occurred in a public place, at work, or in a private setting, you may be entitled to compensation under New Jersey civil law. At Ratliff Jackson LLP, we help victims pursue real accountability and financial recovery for the harm they’ve endured. To speak with a civil litigation attorney, call (856) 209-3111 or email [email protected].