Brain injuries from violent assaults can support civil claims against attackers and, in many cases, against property owners who failed to provide adequate security. These cases involve both criminal and civil proceedings with different standards and outcomes.

Types of Violence Causing TBI

  • Physical assaults – Punches, kicks, and beatings to the head
  • Attacks with weapons – Bats, pipes, bottles causing blunt trauma
  • Gunshot wounds – Penetrating brain injuries
  • Domestic violence – Repeated head trauma in abusive relationships
  • Robberies – Victims struck during theft

Claims Against Attackers

Assault victims can sue attackers civilly, separate from criminal prosecution:

  • Different burden of proof – Civil claims require preponderance of evidence, not proof beyond reasonable doubt
  • Criminal acquittal doesn't bar civil claims
  • Damages include compensation criminal courts don't provide

Collection Challenges

Individual attackers often lack assets or insurance to pay judgments. However, claims against third parties with insurance may provide actual recovery.

Premises Liability Claims

Property owners may be liable when inadequate security contributes to assaults:

Elements of Negligent Security Claims

  • The assault was foreseeable (history of crime in area or at property)
  • The owner failed to provide reasonable security measures
  • Better security would have prevented or deterred the attack
  • The security failure contributed to the victim's injuries

Common Defendants

  • Bars and nightclubs
  • Hotels and motels
  • Apartment complexes
  • Shopping centers
  • Parking garages
  • Employers (for workplace violence)

Security Failures

  • Inadequate lighting
  • Broken locks or gates
  • Insufficient security personnel
  • No surveillance cameras
  • Failure to respond to known threats

Damages

Assault TBI claims can recover:

  • Medical expenses and future care costs
  • Lost income and earning capacity
  • Pain and suffering
  • Emotional distress and PTSD
  • Punitive damages against attackers

Conclusion

Violence-related TBI claims often involve multiple defendants and complex liability theories. An experienced attorney can identify all responsible parties—not just the attacker—and pursue compensation from those with actual ability to pay.