Boca Raton Civil Assault and Battery
The terms “assault” and “battery” are often used interchangeably, but they are in fact two distinct causes of action under Florida law. Assault occurs when a person has the ability to inflict an injury and puts another individual in fear of immediate injury. Battery occurs when a person makes intentional and actual contact with another individual without consent.
If you were a victim of assault and/or battery in Florida, you have the right to bring a civil action against the offender. The Boca Raton assault and battery injury lawyers at Donaldson & Weston can assess your case to determine if you have grounds for a claim.
We offer free initial consultations to victims of personal injury and wrongful death. Our attorneys understand the physical and emotional trauma that assault and battery can cause, and we will do everything in our power to help you pursue justice and the maximum compensation. Call 561-299-3999 today to set up a free case evaluation.Factors to Prove in Civil Suits for Assault
There are several elements that must be proven to win a civil suit for assault. Those elements are:
- The defendant made an unlawful or intentional threat to commit violence against you;
- The threat was physical or verbal in nature;
- The defendant had the apparent ability to inflict the injury; and
- Your fear of imminent violence was well founded.
As previously mentioned, battery involves actual touching or striking of an individual. Examples of battery crimes include malicious wrongdoing, rape, and molestation.
In Florida, there are two provisions under which a person can bring a civil claim for battery. Under the first provision, the plaintiff must prove that:
- The defendant struck or touched you;
- The striking or touching was intentional; and
- The defendant did not have your consent to strike or touch you.
You can bring a civil suit for battery under the second provision if the defendant intentionally caused bodily harm to you.
You will need strong evidence to support your claim and prove that assault and/or battery did in fact occur. The Boca Raton assault and battery injury lawyers at Donaldson & Weston can help you gather this evidence, which might include:
- Photos of your injuries;
- Surveillance footage of the incident;
- Social media posts published by the offender;
- Text messages and cell phone records;
- Witness testimony; and
- The police report.
There are many other types of evidence that might be valuable depending on the specific nature of your injury. The assault and battery injury attorneys at Donaldson & Weston can help you gather all available evidence to strengthen your claim. We are familiar with the various defenses against assault and battery lawsuits, and we understand how to overcome them with compelling evidence and proven legal strategies.Call 561-299-3999 for a FREE CASE EVALUATION
If you or someone close to you was a victim of assault or battery in Boca Raton, contact Donaldson & Weston to discuss your case. Contact us online or call 561-299-3999 for a free initial consultation.