Can You Sue Someone for Assault or Battery in Maryland? 

 Posted on June 15, 2025 in Personal Injury

While assault and battery are criminal charges that a prosecutor can file against the perpetrator, if you have been the victim of this type of crime, you may also be able to file a civil lawsuit to recover damages. Civil lawsuits for damages after assault are separate from any pending or prior criminal proceeding, and you may file such a lawsuit whether or not criminal charges have been filed. 

The goal of such a suit is to recover monetary damages for the intentional act that caused you injuries. An experienced Rockville, MD personal injury attorney can represent you in a lawsuit to recover damages from an assault or battery.

Assault and Battery in Personal Injury Lawsuits

Most personal injury lawsuits are the result of negligence, but assault and battery are separate and distinct "intentional torts." In Maryland, assault occurs when someone intentionally causes another to fear immediate harmful contact, while battery involves actual unwanted physical contact. Either assault or battery alone can form the basis of a lawsuit. 

In Maryland, to recover on assault in a civil case you must prove that the person who assaulted you (referred to as the defendant) intended to place you in reasonable fear of imminent harmful or offensive contact. The key is that the defendant must have had the apparent ability to carry out the threat, and that you must have actually feared that immediate harm would occur. For a civil battery claim, you must prove that the defendant intentionally made harmful or offensive physical contact with you without your consent. 

In both cases, the standard of proof is "a preponderance of the evidence," meaning that you must prove the elements of the tort by showing it is more likely than not that the defendant committed the wrongful act. In contrast, when prosecutors are trying to prove assault and battery for a criminal case, the standard of proof is "beyond reasonable doubt." 

How Do You Prove Assault and Battery in a Personal Injury Lawsuit?

To prove assault in a personal injury lawsuit, the plaintiff must show that the defendant intentionally caused them to fear imminent harmful or offensive contact. This does not require physical contact — only that the threat was immediate, believable, and made with apparent ability to carry it out. Evidence could include include:

• A threatening gesture caught on surveillance footage

• Text messages or voicemails showing intent to intimidate

• Eyewitness accounts describing how the plaintiff reacted with visible fear or distress.

Battery requires proof of intentional and non-consensual physical contact that caused harm or offense. Medical records documenting bruises, cuts, or other injuries right after the incident can be powerful evidence. Photographs taken shortly after the event, testimony from people who witnessed the contact, and security footage can all help establish what happened. 

Crucially, the plaintiff must also demonstrate damages to recover compensation; in other words, you have to actually show that the actions caused you considerable injury. In cases where a defendant’s behavior was obviously malicious, punitive damages may also be available. 

Call a Rockville, MD Personal Injury Attorney 

At Salvado Law Offices the firm represents clients in all aspects of personal injury lawsuits, including for intentional torts like assault or battery. If you have been injured in an assault or battery, you may be able to file a claim to recover for your damages, which can be significant. Call the experienced Damascus, MD personal injury attorneys at 301-933-1814 for a consultation to find out your options.