In most cases, civil law and criminal law are treated differently. However, there may be certain instances in which the same set of facts will lead to both civil and criminal liability.  For example, if someone punches you in the face during an argument, the person who punches you can be charged with assault and battery by the police and, thereafter, can be prosecuted by the district attorney for civil violations. In addition, you as the victim may be entitled to sue the party who caused your harm for damages that you suffer due to the assault and battery.

Suing for intentional physical injuries

Assault in Colorado is defined as willfully threatening or attempting to inflict an injury, whereas battery is the actual wrongful contact, or the result of the assault. This means that under Colorado law, assault requires intent, but battery does not.

In Colorado, battery is a general intent offense. Therefore, battery victims do not need to prove that they suffered an actual injury, as long as they can show that the unlawful and unpermitted contact occurred. Additionally, battery can apply both to physical attacks on persons as well as to attacks on property (e.g. if someone grabs your purse). Finally, you may be able to claim damages for battery even if you are not the intended victim.

If you or a family member are the victim of an assault or battery, you may be able to claim a range of damages, including punitive damages that are intended to punish the defendant and act as a deterrent for similar behavior.

Limitations

You should be aware, however, that the statute of limitations for battery in Colorado is only 1 year from the date of the battery. Also, liability for battery may be limited where you may have assumed the risk of injury (e.g. a martial arts class). Therefore, you should contact an experienced personal injury lawyer as soon as possible.

Contact Us

Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

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Case Results

WE KNOW HOW TO WIN

CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was dr