If someone hits you, threatens you, or intentionally makes physical contact that harms or offends you, that person can be held liable in a civil court for assault and battery. Unlike a criminal case where the government presses charges, a civil lawsuit is your personal claim for money damages. To win, you must prove certain facts. The rules are straightforward, but the burden is on you. Here is exactly what you need to show.

First, understand the two separate claims. Assault and battery are different legal concepts, though they often happen together. Assault is the threat or attempt to cause harm that puts you in reasonable fear of imminent physical injury. No contact is required. Battery is the actual intentional physical contact that is harmful or offensive. If someone swings a fist at your face and misses, that is assault. If the fist connects, that is battery. You can sue for one or both, but each has its own elements.

To win an assault claim, you must prove the defendant acted intentionally to cause you to apprehend an immediate harmful or offensive contact. The key word is “apprehend.“ You must have been aware of the threat at the time. If someone sneaks up behind you and you never see the punch coming, that is not assault—it may be battery, but you cannot claim assault because you had no fear or awareness. The threat must be imminent, meaning it could happen at that moment. A vague threat like “I’ll get you later” does not count. The defendant’s action must have put you in reasonable fear. Reasonable means what an average person would feel in your situation. If someone raises a fist and yells, a reasonable person fears being hit. But if the person is across the street and makes a rude gesture, that is not reasonable fear of immediate harm.

For a battery claim, you must prove the defendant intentionally caused a harmful or offensive contact with your person. Intent does not mean the defendant meant to hurt you—it means they meant to do the act that resulted in contact. Even a joke or a tap on the shoulder can be battery if it is offensive to a reasonable person. The contact does not need to cause injury. Unwanted touching, spitting, or throwing an object that hits you all qualify. The contact must be with your “person,“ which includes anything attached to your body, like clothing or a purse. If someone snatches your bag off your shoulder, that is battery on your person because the bag is in your possession.

You also must prove causation. The defendant’s intentional act directly caused the contact (for battery) or the apprehension (for assault). There cannot be an intervening event that breaks the chain. For example, if you were already afraid of the defendant because of past fights, that previous fear does not count for a current assault unless the defendant did a new threatening act right then.

Now, damages. In a civil case, you must show that you suffered actual harm or have a legally recognized right to compensation. For assault, you can recover for emotional distress—the fear and anxiety you felt at the moment of the threat. You do not need a physical injury. For battery, you can recover for medical bills, lost wages, pain and suffering, and emotional distress. Punitive damages are also possible if the defendant’s conduct was especially malicious, violent, or reckless. Punitive damages are meant to punish the wrongdoer, not just compensate you. Courts allow them when the defendant acted with intent to harm or with a conscious disregard for your safety.

Defenses exist. The defendant may claim you consented to the contact, such as in a sports match or a mutual fight. But consent is limited. You cannot consent to an illegal act like a street brawl in most jurisdictions, and if the defendant exceeded the scope of consent—like hitting you after you stepped back—the defense fails. Another defense is self-defense or defense of others. If the defendant reasonably believed they were in immediate danger of harm and used proportionate force, they may not be liable. But the force must be equal to the threat. Shooting someone who shoved you is not proportionate. Defense of property is also limited—you generally cannot use deadly force to protect belongings.

Finally, you must file your lawsuit within the statute of limitations, which varies by state but is typically one to three years for assault and battery. If you wait too long, your case is dead regardless of the facts.

The bottom line: Civil assault and battery cases are about intentional wrongdoing, not negligence. You must prove the defendant meant to do the act, you were in reasonable fear or suffered harmful contact, and you have real damages. The law gives you a direct path to hold someone accountable for intentional violence or threats. But the evidence must be solid. Witnesses, photos, medical records, and police reports all help. If you can prove those elements, you can recover compensation for what that person did to you.