Assault & Battery Claims

While the term “assault and battery” is often paired together, the two words carry very different meanings from a legal standpoint. In fact, they are actually two separate claims.

Assault vs. Battery

An assault can be any intentional act or show of force that is meant to cause harm or fear. For example, if someone raises their arm to strike you causing you to be fearful, but does not follow through with the action, that is considered an assault. No contact was made, but you feared you were going to be harmed.

Battery occurs when the assailant follows through with the harmful act and physically injures you. In other words, there has to be physical force and contact.

Assault and battery can happen to anyone, at any time, and anywhere. Nursing homes. Parking garages. Sports stadiums. On a highway. Day care facilities. On the job. Your living room. Schools and universities.

Let’s say you are staying in a hotel and someone attacked you while you were returning to your room. If you were harmed or injured, you can bring assault and/or battery charges against the assailant. You may also have claims against the property owner, the hotel manager, and depending on the circumstances, possibly other negligent parties too.

Potential claims could be filed for:

  • Inadequate security procedures
  • Inadequate or insufficient security
  • Failure to adequately screen guests and visitors
  • Inadequate lighting in stairwells, hallways, parking lots, common areas
  • Malfunctioning door locks
  • Inoperable security cameras or phones

Damage Claims in Assault and Battery Cases

In North Carolina you do not have to show physical evidence of assault. However you must be able to prove the person’s intent was to harm you. An assault manifests in more psychological, emotional, and mental evidence – sometimes even PTSD.

Battery claims must show physical evidence of harm. Damages can potentially include:

  • Past and current medical expenses associated with the attack
  • Future medical expenses you may require
  • Lost wages if you are unable to work as a result of the attack
  • Pain and suffering

Depending on the circumstances you may be able to potentially receive punitive damages. Punitive damages are intended to penalize the attacker for a particularly heinous or reckless act, and to try to deter others from engaging in similar behavior. In some cases, punitive damages can be up to three-times the amount awarded for regular damages.

Contact NC Assault and Battery Lawyers for Free Case Evaluation

If you or a loved one were the victim of assault and battery contact us or call 1-866-900-7078 for a free case evaluation. Since 1997 we have helped over 30,000 recover over $700,000 million* in total.

We work on a contingency fee, so if we don’t recover for you, you do not owe us one dime in attorney fees.


* Each case is unique and must be evaluated on its own merits. Prior results do not guarantee a similar outcome.