St. Lucie County Civil Assault and Battery
Although negligence is the foundation of most successful personal injury claims, there are scenarios in which intentional malice provides the grounds for a claim. If you were the victim of assault and battery, for example, you may have the right to sue the transgressor for damages like medical bills, lost income, and emotional distress.
Building a claim that ultimately results in a fair settlement or verdict is challenging, and depending on the circumstances, the defendant might argue that you were partially liable. For example, if the offender claims he or she was merely acting in self-defense, you will need strong evidence to corroborate your version of events and prove liability.
If you were hurt in a physical altercation through no fault of your own, contact Donaldson & Weston. Our St. Lucie County assault and battery injury lawyers are well versed in the laws that govern these claims, and we can help you pursue the compensation you need to put the pieces back together. Call 772-266-5555 to schedule a free case evaluation.Can Victims of Assault and Battery Seek Punitive Damages?
Most successful personal injury cases do not result in a punitive award; however, cases involving assault and battery are different. Unlike claims stemming from motor-vehicle collisions, slip and falls, and other unintentional accident scenarios, which are usually based on negligence, those involving assault and battery are filed on the grounds of intentional malice. As such, the injured parties may be entitled to a punitive award in addition to any compensatory damages.
In the state of Florida, personal injury claimants may be able to recover punitive damages if they can prove the liable party's actions were committed with malicious intent, gross negligence, or a reckless disregard for their safety. While assault and battery would certainly be considered intentionally malicious, though, victims are not automatically entitled to a punitive award.
In order to recover anything beyond compensatory damages, claimants must prove not only that the opposing party intentionally set out to hurt them but also that they did not provoke him or her in any way. If they succeed at demonstrating both, their final payout may include a punitive award. This is where an assault and battery injury attorney may be able to help.
Recovering punitive damages can be challenging, but if there is even a chance you are entitled to such an award, it is worth pursuing because such damages may increase the final payout significantly. In Florida, there is no cap on the punitive award if the defendant harmed the plaintiff intentionally.Call 772-266-5555 to Speak with One of the Leading Assault and Battery Injury Attorneys in St. Lucie County
If you want to pursue damages after sustaining serious injuries in a physical attack, turn to Donaldson & Weston to discuss your case. We fight tirelessly on behalf of our clients, and we have recovered several multimillion-dollar settlements and verdicts as a result. Call 772-266-5555 or fill out our Contact Form to set up a free consultation with an assault and battery injury lawyer in St. Lucie County.