If you’ve been the victim of assault and battery, you know how traumatizing the experience can be. You may be dealing with physical injuries, emotional trauma, and a sense of betrayal. You may also be wondering what your legal options are.
If you live in the Tampa area, you’re in luck.
Ligori Law has extensive experience handling assault and battery cases, and we’re here to help you get the justice you deserve. We’ll work tirelessly to build a strong case on your behalf, and we won’t rest until we’ve achieved the best possible outcome. We’re ready to fight for you.
Contact us today to schedule a free consultation.
REPRESENTING YOUR ASSAULT AND BATTERY CASE IN TAMPA, FLORIDA
Assault and battery are serious crimes that can have a lasting impact on the victim. In addition to the physical and emotional injuries, the victim may also suffer from lost wages and medical bills. While the attacker may be held criminally responsible for their actions, the victim also has the right to sue for (money) damages.
This civil action allows the victim to seek compensation for their losses without having to wait for a criminal conviction.
In some cases, the victim may even be able to collect punitive damages, which are intended to punish the attacker and discourage others from committing similar crimes.
If you or someone you know has been the victim of assault or battery, it is important to know that you have legal options available to you.
WHAT IS THE DIFFERENCE BETWEEN ASSAULT AND BATTERY CASES?
In Florida, the legal definition of assault is an intentional, unlawful threat by word or act to do violence to another person, combined with an apparent ability to do so, and doing some act that creates a well-founded fear in such other person that such violence is about to take place.
In other words, it is an imminent threat to use force. Assault becomes “battery” if force is actually used (discussed further below).
To be liable under California’s assault law, the defendant must satisfy two requirements.
First, the defendant must have been aware that a reasonable person would have believed the threat. This means that the defendant must have had some kind of understanding that their actions could be interpreted as a threat.
Second, the defendant must have had the ability to apply force to the other person. This requirement is designed to prevent people from being held liable for assault simply because they made a verbal threat. To be liable, the defendant must have had the means to follow through on their threat.
Examples of assault include:
- Raising fists and threatening to hit someone
- Coming close to another person to intimidate them while threatening to hurt them
- Using a weapon as a threat
Battery is the willful and unlawful use of force or violence on another person with the intention to cause physical harm. The term “battery” encompasses a wide range of actions that result in physical violence, from punching someone to using a deadly weapon. Generally, the severity of the offense depends on the type of injury inflicted and the intent of the perpetrator.
For example, battery that results in serious bodily injury are typically punished more severely than those that cause only minor injuries.
WHO CAN SUE FOR ASSAULT AND BATTERY DAMAGES IN TAMPA?
If you have been the victim of an unprovoked attack or use of force, you may be able to sue for damages. The exception to this legal recourse is if the contact was consensual.
This means that if both parties consented to the physical contact, then a suit cannot be brought forth. A court will usually decide if the contact was consensual by looking at the surrounding circumstances.
For example, if two people are arguing and one person hits the other, the court is likely to find that the contact was not consensual.
However, if both parties are engaged in a sport such as boxing or football, the court is more likely to find that the contact was consensual. In any case, it is important to consult with an experienced attorney to determine whether you have a valid claim.
WHAT DAMAGES CAN YOU CLAIM IN TERMS OF ASSAULT AND BATTERY LAW?
Assault and battery are both criminal offenses, but they can also be the basis for a civil lawsuit. In a civil action, the victim of the assault or battery can sue the attacker for damages. These damages can include:
- Medical expenses: victims are typically entitled to full reimbursement for all medical bills and expenses, including emergency room bills, prescription drug costs, physical therapy, and expenses for medical equipment and devices. In addition, victims can recover damages for future medical bills that are reasonably certain to be incurred as a result of the assault and battery.
- Pain and suffering: beyond economic damages, victims of assault and battery may also be able to recover damages for pain and suffering, emotional distress, loss of enjoyment of life, and other non-economic losses (i.e., damages that aren’t quantifiable)
- Lost wages and earnings: if a victim has missed work due the physical injuries or emotional trauma, they may be able to claim the cost of not working as part of their damages.
- Punitive damages: punitive damages are designed to punish a wrongdoer and deter others from similar misconduct.
An experienced attorney can help victims navigate the process of filing a claim and ensure that they receive the full compensation they are entitled to.
SEEKING LEGAL REPRESENTATION FOR YOUR ASSAULT AND BATTERY CASE?
If you’ve been the victim of a physical assault, it can be difficult to know where to turn.
Assault and battery are serious crimes that can result in serious injuries. You may feel scared, alone, or confused about what to do next.
Christopher Ligori and Associates is here to help.
We are experienced assault and battery lawyers who will fight for your rights. We understand how difficult this time can be, and we’re committed to providing you with the support you need.
If you have been injured and need access to an experienced personal injury lawyer, call Christopher Ligori & Associates at 877-444-2929 for a free consultation.
