About Benjamin Durham
Benjamin Durham is a Super Lawyers honoree and founder of the Benjamin Durham Law Firm in Las Vegas, handling assault and battery cases as part of a criminal defense and civil litigation practice. He represents clients across both sides of assault and battery matters in Clark County, from victims seeking civil damages to defendants contesting civil liability. Durham is known for thorough preparation and effective courtroom advocacy.
Practice Overview: Assault & Battery in Nevada
Civil assault and battery claims in Nevada allow victims of intentional physical attacks to sue for monetary damages independent of any criminal prosecution. Battery is the intentional harmful or offensive touching of another without consent (NRS 200.400 defines criminal battery). Civil assault is placing someone in reasonable apprehension of imminent harmful contact. Victims can recover even if the attacker was not criminally convicted, or if the criminal case is pending. In Nevada, victims of assault and battery in casinos, bars, clubs, hotels, and other establishments may also have claims against the property owner for negligent security under NRS 41.130.
Frequently Asked Questions
What is the difference between a civil assault/battery lawsuit and a criminal case in Nevada?
Criminal assault/battery cases are prosecuted by the state (DA's office) and can result in jail time, fines, and a criminal record. A civil assault/battery lawsuit is brought by the victim seeking monetary compensation for injuries, medical bills, lost wages, and pain and suffering. The two proceedings are separate — you can file a civil lawsuit even if the DA declines to prosecute, or even if the attacker is acquitted. The civil burden of proof (preponderance of evidence) is lower than the criminal standard (beyond reasonable doubt).
Can I sue a bar or casino for an assault by another patron in Las Vegas?
Yes, in some cases. Property owners owe a duty to take reasonable measures to protect patrons from foreseeable harm (NRS 41.130). If a Las Vegas casino, bar, or nightclub had prior knowledge of violent incidents on the premises, failed to provide adequate security (bouncers, lighting, surveillance), or failed to intervene when trouble was escalating, they may be liable for injuries caused by assaults on their property. This is known as a negligent security claim.
What damages can an assault/battery victim recover in Nevada?
Civil battery victims in Nevada can recover: past and future medical expenses, lost wages and lost earning capacity, pain and suffering, emotional distress (including PTSD), permanent disfigurement or disability, and punitive damages (NRS 42.005) when the attack was particularly malicious or egregious. Intentional torts like battery are generally easier to win punitive damages in than negligence cases. If the attacker has no assets, umbrella insurance or property owner liability coverage may be available.
How long do I have to file a civil assault/battery lawsuit in Nevada?
Nevada's statute of limitations for intentional torts including assault and battery is 2 years from the date of the incident (NRS 11.190). This deadline applies even if a criminal case is pending. Do not wait for the criminal proceedings to conclude before consulting a civil attorney — the 2-year clock runs from the date of the attack, not the date of conviction.
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