No one has the right to threaten or put their hands on you without your permission. If you’ve recently been assaulted and sustained an injury, you have the right to file a personal injury lawsuit. Taking legal action can allow you to recover compensation and hold your assaulter responsible for their actions.
At Lavent Law, P.A., our Miami personal injury attorneys can help you make the most of your legal claim. We will fight to make sure that the person who assaulted you pays for the harm they caused. Call us today to schedule your free consultation.
Civil Assault and Battery in Miami
While the terms are often used interchangeably, assault and battery are actually two different things. However, they are closely related. As a result, it’s not uncommon for a victim to pursue damages for both assault and battery.
Both of these offenses are known as intentional torts. In order to recover compensation, you’ll have to prove that you were threatened or injured because another person intentionally and purposefully wanted to cause you harm.
Assault occurs when another person, with the present ability to cause harm, intentionally threatens to hurt you. That person doesn’t have to make contact with you to be guilty of civil assault. In fact, the other person doesn’t even have to threaten you with actions. Words are enough to establish a valid threat. All that matters is that you were threatened with violence by a person who had the ability to cause harm in that moment.
When you file a personal injury lawsuit after an assault, you will have to prove each of the following things:
- Another person intentionally threatened to physically harm you
- Using words or actions
- With the apparent ability to inflict that harm
- Creating a fear that would intimidate a reasonable person.
You’ll also have to establish that the assault caused you to suffer an injury of some sort. Assault focuses on fear, rather than actual physical contact and harm.
Examples of assault:
- Fred raises his fist in anger to another guy at the bar and threatens to hit him.
- Joe throws rocks at his ex-girlfriend after a nasty breakup in order to intimidate her.
- Steve walks up to an old man in the grocery store and tells him that he’ll break his arm if he doesn’t move out of the way.
Battery occurs when another person either (a) intentionally touches you in a harmful or offensive manner or (b) intentionally causes you to suffer an injury. Injuries can include broken bones, lacerations, eye injuries, brain injuries, and more. As a result, battery is essentially an assault that was successful.
When you file a personal injury lawsuit for battery, you will have to prove each of the following things:
- Another person touched you or caused you to suffer bodily harm
- That person acted intentionally and with purpose, and
- You suffered an injury, as a result.
Battery focuses on actual physical contact and harm, rather than your fear of being hurt.
Example of battery:
- Fred punches Steve after seeing him flirt with his girlfriend.
- Joe throws rocks at his girlfriend and hits her.
- Steve is in a rush at the grocery store and pushes an old man out of the way.
Injuries in Civil Miami Assault and Battery Cases
In Florida, you have the right to file a lawsuit if you are the victim of assault and/or battery. The main requirement is that the assault or battery caused you to suffer some kind of injury. This injury does not necessarily have to be physical. Any injury or harm that you experience because you were assaulted or the victim of batter can be the grounds for a personal injury lawsuit in Miami. These include:
- Bodily harm
- Emotional trauma
- Financial losses
- Psychological trauma, and
- Injury to reputation or social status.
If you experienced something negative because you were assaulted, you have the right to demand compensation.
Damages Available in Miami Assault Personal Injury Cases
One of the reasons you’ve decided to file a personal injury lawsuit is to recover compensation from the person who hurt you. In Florida, victims of assault and battery can seek both economic and non-economic damages.
Economic Damages. Economic damages are paid to compensate for financial costs and losses you experience because of the assault. Once you receive an award of economic damages, it should put you back in the financial position you were in before you suffered your injury. You may be able to recover economic damages for:
- Medical expenses
- Disability and lost wages
- Property damage, and more.
You can only recover economic damages equaling your actual and projected costs. In other words, you can’t receive more in economic damages than you’ve lost because of your injury.
Non-Economic Damages. Non-economic damages are paid to compensate for injuries that are very intimate and hard to value. These injuries tend to be physical, emotional, social, or psychological. You may be able to recover non-economic damages for:
- Pain and suffering
- Injury to reputation
- Loss of enjoyment of life, and more.
There is generally no limit to the award of non-economic damages that you can receive in an assault case.
At Lavent Law, P.A., our attorneys will carefully investigate your case and identify all damages to which you are entitled. Once we’ve identified your injuries, we’ll work with experts to assess the true value of your case. When we sit down to negotiate a settlement, we’ll have hard evidence and testimony to back up our demand for compensation. This will help you to walk away with a financial award that is fair and covers all of your costs.
Statute of Limitations for Civil Assault Cases in Miami
If someone else threatened you or touched you without your consent, you have the right to file a personal injury lawsuit. However, Florida law limits the amount of time you have to file your legal claim. In most cases, you’ll only have four years from the date of the assault or battery to file. You won’t be able to get the money you deserve if you don’t file your claim within the applicable statute of limitations.
You can ensure that your claim is filed on time by contacting an experienced Miami personal injury attorney after the attack. Call Lavent Law, P.A. today to speak with our legal team and schedule your free case evaluation.
Speak with a Miami Assault and Battery Injury Lawyer
Assault and battery aren’t just crimes in Florida. They’re also intentional torts. This means that if another person intentionally threatens, touches, or harms you, they can be liable for any damages you suffer. The Miami attorneys at Lavent Law, P.A. can help you make the most of your personal injury case. Contact our skilled legal team today to schedule your free consultation. We will review the details of your case and explain your legal options. The sooner you call, the sooner we can begin to fight to get you the money you deserve.