You reported the attack to the police, but you are still left with medical bills, missed paychecks, and questions no one seems to answer. Whether or not the person who hurt you is ever charged or convicted, Missouri law gives you a separate path to seek compensation for your injuries and losses. You can pursue a civil claim for assault and battery. A civil case is about your recovery, not the state’s punishment. The Southern Missouri personal injury attorneys at Privette Law Office help victims pursue full compensation for what an assault has cost them.
What Counts as Civil Assault and Battery in Missouri
In everyday speech, people use assault and battery as a single phrase. In the law, they describe two related but distinct wrongs.
Battery is intentional harmful or offensive contact with another person without that person’s consent. A punch, a shove, an unwanted grab, or any deliberate physical contact that injures or offends can qualify. Assault does not require contact at all. It is intentional conduct that puts another person in reasonable fear of imminent harmful or offensive contact, such as raising a fist or lunging as if to strike.
The same act can be both a crime the state may prosecute and a civil wrong you can sue over. When you bring these claims in civil court, you are not asking the state to punish anyone. You are asking for money to make up for the harm you suffered.
A Civil Claim Is Separate From the Criminal Case
A criminal case and a civil case come from two different systems. In a criminal case, the state of Missouri prosecutes the offender to protect the public and impose punishment, such as jail time or probation. You are a witness, not the person in control. A civil case belongs to you. You decide whether to file, and the goal is compensation for your losses rather than punishment.
Because the two are separate, you can pursue a civil claim whether or not criminal charges are filed, and even if the defendant was found not guilty. One reason is the burden of proof. To convict someone of a crime, prosecutors must prove guilt beyond a reasonable doubt. In a civil case, you generally need to show only that it is more likely than not that the defendant assaulted or battered you. Any restitution ordered in a criminal case is usually limited and does not replace a full civil recovery.
Compensation You Can Pursue in a Civil Case
A successful civil claim can recover the real costs an assault leaves behind. Compensatory damages are meant to make you whole and often include emergency and ongoing medical expenses, the cost of counseling or therapy, lost wages, reduced future earning capacity, and compensation for physical pain and emotional suffering.
In cases involving especially serious misconduct, Missouri law also allows punitive damages, which are meant to punish and deter. Those are harder to win. A victim must prove by clear and convincing evidence that the wrongdoer intentionally caused harm without just cause or acted with deliberate and flagrant disregard for the safety of others. Missouri also requires a plaintiff to obtain the court’s permission before formally asking for punitive damages, based on evidence that the high standard can be met.
Some assaults also involve a third party who shared responsibility, such as a business that ignored an obvious safety risk. When an assault is sexual in nature, additional protections may apply, and our team that handles sexual assault and abuse claims can explain them.
The Two-Year Deadline to File in Missouri
Missouri does not give victims unlimited time to act. For assault and battery claims, state law sets a strict two-year deadline to file a civil lawsuit, and that window is shorter than the general five-year deadline that applies to many other Missouri injury cases. The clock usually starts on the date the assault occurred. A few limited exceptions can change the timing, which is one reason it helps to speak with an attorney early rather than guess.
Waiting also makes a case harder to prove. Medical records, security video, photographs of injuries, and witness memories are all easier to gather soon after the event. Acting promptly protects both your deadline and the evidence your claim depends on.
Other Support While Your Claim Moves Forward
A civil lawsuit takes time, and bills do not wait. Missouri operates a crime victims’ compensation program that can help certain victims of violent crime with costs like medical care, counseling, lost wages, and funeral expenses. It is designed as a payor of last resort, which means it considers only expenses not covered by other sources, and any civil recovery is treated as one of those sources. For many victims, the program offers short term relief while a civil claim, which can pursue the fuller range of losses, works its way toward resolution. An attorney can help you understand how these options fit together.
Talk to a Southern Missouri Assault and Battery Attorney
You did not choose to be hurt, and you should not have to navigate the aftermath alone. At Privette Law Office, our family of lawyers has spent nearly 40 years standing with injured people across Southern Missouri, and we are prepared to take a case to trial when that is what justice requires. We will explain your rights, handle the legal work, and pursue the compensation you are owed with care and determination. Contact our Southern Missouri attorneys today for a free consultation.