San Antonio Assault & Battery Civil Claims Attorneys: Holding Violent Offenders and Negligent Third Parties Accountable

When Violence Strikes, Your Civil Right to Justice Demands a Fierce Legal Advocate

The physical and emotional scars of an intentional, violent attack can fundamentally alter your life in an instant. Assault and battery are not mere accidents; they are deliberate civil wrongs—or torts—that inflict profound harm, leaving victims to grapple with pain, medical bills, lost income, and deep-seated fear and trauma. In San Antonio, while the criminal justice system may pursue charges against the perpetrator, its primary goal is punishing the wrongdoer, not ensuring you are made financially whole for your lifelong losses. The critical path to securing the compensation you need for recovery lies in the civil justice system, where you have the right to hold not only the attacker but also the third parties whose negligence enabled the violence fully accountable.

At Barton & Associates, Attorneys at Law, our Assault & Battery civil litigation practice is dedicated to this vital pursuit of justice. We understand the complex interplay between a parallel criminal case and your independent civil claim. Our experienced trial attorneys are skilled at navigating this dual-track process, conducting our own aggressive investigation to build a powerful civil case for damages, regardless of the criminal outcome. Too often, victims are unaware that property owners, employers, bars, and security companies can share legal responsibility when their failures create an environment where violence is foreseeable and preventable. We focus relentlessly on identifying every source of liability and insurance coverage to ensure you have a viable path to maximum compensation.

An assault and battery claim is about more than recovering medical expenses. It is about seeking punitive damages to punish egregious misconduct, compensating for the invisible wounds of emotional distress and psychological trauma, and achieving a measure of personal justice and closure that the criminal courts cannot provide. We approach each case with a combination of compassionate support for you, the survivor, and tenacious, unyielding litigation against all responsible parties. From incidents in parking lots and bars to workplace violence and domestic altercations, our firm has the resources, legal acumen, and trial-tested resolve to fight for your future when you have been violently wronged.

Understanding Your Civil Rights After an Assault or Battery

Under Texas civil law, assault and battery have specific, actionable definitions that form the basis of your claim:

• Civil Assault: An intentional act that creates a reasonable apprehension of an imminent harmful or offensive contact. No physical touch is required. Threats that put you in reasonable fear of violence constitute assault.
• Civil Battery: An intentional, harmful, or offensive physical contact with another person without their consent. This is the physical culmination of an assault.

A successful civil case requires proving these intentional acts by the perpetrator. Critically, Texas follows a modified comparative negligence rule. Even if you were partially at fault for the altercation, you may still recover damages, reduced by your percentage of responsibility, unless you are found to be 51% or more at fault. We strategically investigate to establish the clear intent and primary fault of the attacker.

Why a Civil Case is Essential: Beyond the Criminal Court

Relying solely on the criminal justice system leaves you financially vulnerable. A civil assault and battery lawsuit serves distinct, vital purposes:

1. Your Control & Priority: The civil case is your lawsuit. You decide, with our counsel, how to proceed. The district attorney controls the criminal case, which prioritizes public safety, not your personal financial recovery.
2. The Burden of Proof is Lower: A criminal conviction requires proof “beyond a reasonable doubt.” A civil verdict for damages only requires proof by a “preponderance of the evidence,” meaning it is more likely than not that the defendant is responsible.
3. The Goal is Your Compensation: Criminal courts may impose jail time or fines paid to the state. A civil judgment is paid to you, covering:
   1. Economic Damages: Medical bills (emergency care, surgery, therapy), future medical needs, lost wages, loss of future earning capacity, and property damage.
   2. Non-Economic Damages: Physical pain and suffering, mental anguish, emotional distress, disfigurement, and loss of enjoyment of life.
   3. Punitive Damages: In cases of especially malicious, violent, or reckless conduct, we pursue these extra damages to punish the defendant and deter future wrongdoing.

Our Investigative Focus: Identifying All Liable Parties

A perpetrator may have few personal assets or insurance, but other entities often share legal liability. Our comprehensive investigation targets every potential source of recovery.

1. Claims Against the Perpetrator

We pursue the individual attacker for the full scope of damages. We investigate their assets, homeowner’s or renter’s insurance policies (which may provide some coverage even for intentional acts under certain circumstances), and any other viable sources of recovery.

2. Third-Party Liability & Negligent Security Claims

This is often the most critical avenue for securing meaningful compensation. Property owners and business operators have a legal duty to provide reasonable security for visitors, tenants, and customers. When they breach this duty and a foreseeable violent crime occurs, they can be held civilly liable.

We investigate and litigate negligent security claims arising from:

• Inadequate Lighting: Poorly lit parking garages, walkways, stairwells, and building perimeters that enable attackers to conceal themselves.
• Faulty or Absent Access Controls: Broken gates, malfunctioning electronic key systems, or propped-open security doors in apartments, offices, and condominiums.
• Lack of Proper Security Personnel: Apartment complexes, nightclubs, shopping malls, or event venues that fail to hire adequate, trained security guards despite a known history of criminal activity on or near the premises.
• Defective or Non-Functional Security Cameras: Surveillance systems that are not operational, monitored, or properly maintained, failing to deter crime or assist in identification.
• Failure to Warn of Known Dangers: Not informing residents or guests of recent assaults, robberies, or other violent crimes in the area.

We build these cases by: obtaining crime statistic reports for the location, reviewing prior incident reports to the property owner, hiring security experts to evaluate the premises’ safeguards, and gathering witness testimony about the dangerous conditions.

3. Dram Shop Liability Claims

Texas law (under the Texas Alcoholic Beverage Code) allows us to pursue restaurants, bars, nightclubs, and even private hosts who overserve alcohol to an obviously intoxicated person who then goes on to commit an assault. Proving the server knew the patron was “visibly intoxicated” is key, and we use witness statements, receipts, and security footage to establish this.

4. Employer Liability (Vicarious Liability & Negligent Hiring)

If the assault was committed by an employee acting within the “course and scope” of their employment, their employer may be held vicariously liable. Furthermore, if an employer negligently hires, retains, or supervises an employee with a known propensity for violence, and that employee attacks someone, the employer can be directly liable.

Common Scenarios We Handle in San Antonio

Our attorneys have extensive experience representing victims across a wide spectrum of assaultive conduct:

• Bar, Nightclub, and Concert Violence: Including fights, attacks in parking lots, and assaults by security personnel.
• Apartment Complex and Hotel Assaults: Where negligent security, such as broken locks or poor lighting, contributed to a home invasion, robbery, or attack in a common area.
• Workplace Violence: Assaults by co-workers, customers, or intruders, where an employer failed to provide a safe environment.
• Domestic Violence and Protective Order Violations: Pursuing civil damages against an abuser to provide the victim with independent financial resources and accountability.
• Parking Lot and Garage Attacks: In retail centers, office buildings, and medical facilities with inadequate security measures.
• Hate Crimes and Bias-Motivated Assaults: Where the intentional infliction of emotional distress is a particularly significant component of the damages.

The Barton & Associates Difference: Our Strategic, Compassionate Approach

1. Immediate, Protective Action: We can assist in seeking emergency protective orders and guide you on interacting with law enforcement to strengthen both the criminal and civil cases.
2. Parallel Investigation: We do not wait for the criminal case to conclude. We immediately launch our own investigation to secure evidence, identify witnesses, and preserve video footage before it is lost or destroyed.
3. Expert Resources: We work with a network of medical experts, life care planners, vocational rehabilitation specialists, and security industry experts to fully document your damages and prove liability.
4. Trial-Ready Resolve: Insurance companies for property owners and bars often defend these cases aggressively. Our proven record of taking complex cases to trial gives us the leverage to negotiate from a position of strength, ensuring we only settle for what your case is truly worth.
5. Sensitive Yet Tenacious Advocacy: We understand the trauma you have endured. We provide compassionate, clear communication while fighting with unwavering determination on your behalf.

If You Have Been the Victim of an Assault or Battery, We Are Here to Help

The aftermath of a violent attack can leave you feeling powerless. Taking civil action is a powerful step toward reclaiming control, security, and your future. You have a right to seek justice and compensation from all those whose actions—or failures to act—led to your injuries.

Take the First Step Toward Holding Them Accountable

Contact the experienced San Antonio Assault & Battery Civil Attorneys at Barton & Associates today. Your consultation is free, confidential, and comes with no obligation. We will listen to your story, explain your legal rights in clear terms, and outline the powerful, strategic representation we can provide to pursue the maximum compensation you deserve. Call us 24/7 at 210-500-0000 or complete our online Free Consultation form.

Main Category: Personal Injury
Practice Area Category: Intentional & Complex Torts
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000