Civil Liability for Intentional Torts
Both Wisconsin and Illinois recognize assault and battery as intentional torts, allowing a victim to pursue civil damages against the person who caused the harm, independent of any criminal prosecution. The civil standard of proof, a preponderance of the evidence, is lower than the criminal standard of proof beyond a reasonable doubt. A civil claim can sometimes succeed even after a criminal acquittal.
The People In Your Corner
Your Milwaukee Injury Team
Leadership that sets the standard, and a dedicated personal injury group that carries your case day to day.
Third-Party Liability Beyond the Attacker
The individual who committed the assault often isn’t the only party who can be held liable. A bar, nightclub, apartment complex, or employer that knew about a dangerous individual or failed to provide adequate security can face separate negligent security or premises liability claims. This matters enormously in practice. An individual attacker frequently has no meaningful assets or insurance to actually pay a judgment, while a property owner or employer typically does.
Negligent Security Claims
Property owners have a duty to take reasonable security measures given known risks — adequate lighting, functioning locks, security personnel where warranted by prior incidents. A pattern of prior assaults on a property, combined with inadequate security response, can establish that a property owner’s negligence contributed to what happened to you.
Statute of Limitations
Workers’ comp claims and third-party negligence claims run on different clocks. Comp claims generally require prompt notice to your employer. A separate negligence claim against a third party typically follows the standard three-year statute of limitations in both states. The two need to be pursued together, and coordinated carefully, to avoid one undermining the other.
Common Settings for These Claims
Bars and nightclubs
a frequent setting for negligent security claims, especially with a documented history of prior incidents
Apartment complexes and rental properties
inadequate lighting, broken security gates, or ignored complaints about a dangerous individual
Workplaces
employers can face liability for failing to address known threats from an employee or third party
Retail and commercial properties
parking lots and entryways are common locations given inadequate lighting or security presence
Struck-by accidents
falling tools, materials, or vehicles on an active site
Events and venues
large gatherings without adequate crowd control or security staffing given the venue’s known risk profile.
Identifying the setting early shapes exactly which party, or parties, we investigate for liability.
Recoverable Damages
Medical expenses
emergency treatment, surgery, and ongoing psychological care
Lost wages
time missed from work during physical and emotional recovery
Pain and suffering
physical trauma and psychological impact, often including PTSD-related symptoms
Punitive damages
frequently available in intentional tort cases, since the conduct itself was deliberate rather than merely negligent
Property damage
when applicable to the incident. Not every case involves it, but we check every time.
How We Build Your Case
1
Investigating whether a property owner, employer, or other third party bears liability alongside or instead of the individual attacker
2
Obtaining police reports, criminal case records, and any available surveillance footage
3
Identifying insurance coverage that may apply, including a property owner’s liability policy in a negligent security claim
4
Documenting the full scope of physical and psychological injury, working with mental health professionals when appropriate
5
Interviewing witnesses independently of any criminal investigation
6
Pursuing civil claims regardless of the criminal case’s outcome, when the facts support it
7
Litigating against property owners, employers, and individuals who won’t accept fair responsibility.
Why Choose Tabak Law Injury Attorneys?
We fight insurance companies — not you
Property owners’ insurers routinely deny negligent security claims by arguing the attack was unforeseeable.
Thorough case preparation from day one
Evidence tied to a criminal incident can disappear or become harder to access the longer we wait.
Trial-ready representation
We prepare every case as if it’s going to court.
No fee unless we win
Free consultation, contingency-based representation.
Client Experiences
People we stood beside.
Behind every case is a real person facing a difficult moment. Here is how clients describe working with our team.
Frequently Asked Questions
Talk to a Milwaukee Assault and Battery Attorney
You may have civil options even after the criminal case has ended, or even if charges were never filed. Our Milwaukee-based team investigates every angle, the individual, and any property owner or employer who share responsibility, to pursue full compensation. No fee unless we win.