Florida Civil Assault and Battery
Although assault and battery are criminal offenses, victims who incur damages as the result of an intentional physical altercation have the right to file a civil suit. Plaintiffs in these cases can seek compensation for any indirect and direct damages they incur as a result of the incident including medical bills, lost income, and pain and suffering.
If you were the victim of assault and/or battery, contact Donaldson & Weston to find out if you have grounds for a personal injury claim. We can conduct a thorough investigation independent of any pending criminal proceedings to help you devise a strategy for pursuing the compensation you deserve. Call 772-266-5555 to schedule a free case evaluation with an assault and battery injury attorney in Florida.What Must I Prove to Win My Injury Claim?
To win a personal injury claim involving assault and/or battery, you must prove that the incident did, in fact, occur and be able to identify the liable party. You must also demonstrate that you incurred damages as a direct result.
To prove assault occurred, you must be able to show that:
- The opposing party threatened to commit violence against you;
- The threat was verbal or physical in nature;
- The opposing party had the apparent means to inflict injury; and
- Any fear of imminent violence was well founded.
Proving battery, on the other hand, demands evidence that the defendant actually struck you. The physical altercation must have been intentional, and the defendant must not have had your consent prior to touching you.
Evidence that can help your attorney prove battery might include:
- Photographs of any visible wounds in the immediate aftermath of the incident;
- Surveillance footage of the incident;
- Testimony from eyewitnesses; and
- The official police report.
Regardless of the kinds of evidence you gather, you can expect the opposing party to dispute your claim. Fortunately, at Donaldson & Weston, we are well versed in the various defenses to assault and battery, and we have the knowledge and resources to challenge them.
By hiring an assault and battery injury attorney from our team to handle the logistics of your case, you can focus your attention on recovering. While you rest and attend doctor's appointments, we will investigate the incident, compile evidence, interview witnesses, track damages, estimate a fair settlement amount, and negotiate with the opposing party on your behalf.
We will prepare your case for court, even if a settlement is the expected outcome. This will let the defendant know we are serious about seeing the claim through to the end. It could also mitigate any potential delays should we actually end up before a judge or jury.Discuss Your Case with One of the Leading Assault and Battery Injury Lawyers in Florida
If you were a victim of assault and/or battery, turn to Donaldson & Weston. Our legal team has helped hundreds of clients in personal injury and wrongful death cases. Call 772-266-5555 or fill out our Contact Form to set up a free consultation with an assault and battery injury lawyer in Florida.