Helping Floridians in Coral Springs and Broward County Residents With Assault and Battery Claims
The Florida justice system is well-equipped to punish those who commit assault or battery, but victims in these cases often struggle to rebuild their lives. While seeing the perpetrator go to jail can be cathartic, it doesn’t address the challenges victims face after an assault or battery, such as their medical expenses, emotional trauma, and lost income.
If you sustained injuries in an assault or battery incident in Florida, the Coral Springs injury attorneys at Tomlinson Law Group can help you seek fair compensation for the harm you’ve suffered. With over a decade of legal experience and millions of dollars recovered for our clients, we have the knowledge and resources to bring your cases to a successful conclusion.
We’ll handle all the legal work for you, from documenting your injuries and filing a lawsuit to identifying all the parties who may be liable for your injuries, including not just the perpetrator but potentially a negligent business or property owner. Your initial consultation is free, and you don’t owe us any fees unless we recover compensation for you. Call Tomlinson Law Group now or complete our contact form to get started.
Legal Definition of Assault & Battery in Florida
Under Florida law, a person commits assault when they intentionally threaten someone with violence using their words or actions and create a well-founded fear of harm in the victim. A person must have the apparent ability to carry out their threat for their actions for the event to qualify as an assault. The key element to note here is that a threat is enough to justify an assault charge.
Aggravated assault is a more severe type of assault where the offender uses a deadly weapon (without intent to kill) or acts with the intent to commit a felony. While simple assault is a misdemeanor, aggravated assault is a felony in Florida.
In Florida, battery involves intentionally touching or striking someone against their will or causing them bodily harm. As with aggravated assault, aggravated battery involves using a deadly weapon or intentionally causing the victim severe bodily harm, permanent disfigurement, or permanent disability. Battery is usually a misdemeanor, while aggravated battery is a felony.
If someone threatened you or physically injured you in an altercation, talk to a lawyer right away. They can review your situation and tell you whether you have cause for a lawsuit to pursue compensation.
Who’s Liable for Your Injuries After an Assault or Battery?
The person who threatened or injured you is liable for your injuries, but they may not be the only liable party. Other potentially liable parties in an assault or battery injury claim include:
- Property Owners – Property owners have a legal obligation to protect visitors from harm. If the property owner didn’t provide sufficient security to protect visitors—by not hiring security guards or improperly securing the property’s entrances and exits, for example—they could be liable for your injuries.
- Business Owners – If the assault or battery occurred inside or on the property of a business, they could be liable for insufficient security or other forms of negligence that may have played a role in what happened to you.
- Event Organizers – When assault or battery incidents occur at events (concerts, festivals, street fairs, etc.), the organizers may be liable if they didn’t properly secure the premises or failed to account for the possibility of violence at the event.
- Employers – If the person who assaulted or battered you was working when the incident happened, their employer could be liable, especially if they didn’t conduct a thorough background check before hiring your attacker.
- Security Companies – Many property owners hire private security companies to oversee the premises and protect visitors. If the security company didn’t do enough to protect you—by hiring incompetent staff or failing to monitor security cameras, for instance—they could be liable for your injuries.
Potential Compensation for an Assault or Battery in Florida
Our assault and battery injury lawyers can help you seek compensation for your economic land and non-economic losses from the incident. Economic losses are those that have a specific price attached, such as medical bills. Non-economic losses are subjective losses and include intangible things like emotional distress or disfigurement. You could pursue compensation for:
- Your current medical expenses related to the incident
- The cost of any future medical treatment you need
- Lost wages if your injuries prevent you from working
- Lost future earning capacity if your injuries result in permanent disability that prevents you from earning the same amount as before the assault or battery
- The cost of mental health treatment if you have PTSD or a similar condition
- Your pain and suffering
- The cost to repair or replace your damaged personal property, if any
Deadline to File an Assault or Battery Lawsuit in Florida
Florida law says you have four years from the date of an assault or battery to file a lawsuit against the person who attacked you or any other liable parties. While you have four years to file a lawsuit, we urge you to speak to an attorney as soon as possible. Critical evidence can deteriorate or disappear quickly after these incidents, so the sooner you talk to a lawyer, the more they can do for you, and the greater your chances of recovering maximum compensation.
How Our Coral Springs Assault and Battery Injury Lawyers Can Help
Our attorneys are here to simplify your life after an assault or battery while protecting your rights. While you seek treatment for your physical and emotional injuries, we’ll handle all the legal work in your case, including:
- Using your medical records and other evidence to document your injuries
- Gathering police reports and other evidence to identify the liable party or parties
- Filing an insurance claim or lawsuit against the liable parties
- Handling settlement negotiations to uphold your rights and recover as much compensation as possible
- Filing a lawsuit if settlement negotiations don’t work out
An assault or battery is a traumatic experience, and you deserve a chance to hold your attacker accountable for the harm you’ve suffered. Call Tomlinson Law Group in Coral Springs now for a free consultation.
