Month: June 2012

Attorney for Victims of Assault and Battery in Fort Lauderdale

If someone threatened or attacked you, your life may never be the same again. You might be recovering from severe physical injuries and experiencing anxiety, depression, post-traumatic stress disorder, and other mental issues. But you are not alone. An attorney for victims of assault and battery in Fort Lauderdale at Edwards Pottinger LLC is here to help you hold your attacker liable for your injuries.

Give us a call today to discuss your attack: 954-524-2820.

I Thought the Court Was Already Holding My Attacker Liable. Why Do I Need to Do Anything?

Because assault and battery are both forms of criminal activity, it is likely that your assailant will face criminal charges and stand trial in criminal court. If the state convicts him, he could face years in prison.

However, while you will likely sleep better at night knowing that your attacker is behind bars; criminal convictions usually do not provide financial support to the victim. This means that you might be stuck paying your injury costs out of pocket.

You can take matters into your own hands by filing a lawsuit against your attacker and demanding compensation for your losses.

Who Can I Sue?

The most obvious party to file suit against is the person who attacked you. However, you may also be able to sue a property or business owner for negligent security if the assault occurred on his property. If an attack occurs at work, you may be able to sue your employer for negligent hiring. Talk to one of our attorneys to make sure that you have named all the appropriate defendants in your lawsuit.

Filing a Battery Claim in Civil Court

To prove battery in civil court, our attorneys must establish the following elements by a preponderance of the evidence, as stated in Florida Statute § 784.03:

Harmful or Offensive Contact

We can establish this type of intentional contact without consent by proving that the defendant used force directly or indirectly. For example, if the assailant threw something at your head and hit you, that may still constitute battery even though the assailant did not touch you directly. Our attorneys will use photo or video evidence of the attack, as well as witness and expert testimony to establish this contact.

Intent to Touch

Intent to touch does not mean intent to harm. We simply must prove intent to touch you without your consent. If the assailant did not mean to injure you, but intended to cause you imminent apprehension with his actions, he can be liable if he ended up harming you.

Victim’s Harm

A common misconception is that an assailant needs to cause physical injury to be liable for battery. Proving harm is easiest when there is actual evidence of physical injury. However, actual injury is not a requirement for a battery claim.

For example, spitting on the victim may not cause physical injury but is still offensive contact and can be battery.

Our attorneys will evaluate your case and determine whether your damages are enough to justify going forward with your legal claim.

Proving Assault in Civil Court

Many people are unaware that assault and battery are two separate offenses made up of different elements. To prove assault, our attorneys will have to establish:

Threat or Attempt to Injure

According to Florida Statute § 784.011, an assault occurs when the assailant intentionally verbally or physically threatens the victim with violence. Actual injury is not a requirement. We may use photographic and video evidence, social media posts, text messages, witness testimony, and other evidence to show that an assault occurred.

Intent to Cause Apprehension

We will also have to show that the assailant intended to act in a manner which would cause you reasonable apprehension of harm. In some cases, this is obvious. For example, if the attacker holds a gun to your head, courts can infer the attacker’s intent to cause apprehension.

Causes Reasonable Apprehension of Harm

Next, we will have to prove that the attacker caused you to have reasonable apprehension of the harm. We can establish this by showing that a reasonable person would also be apprehensive in similar circumstances.

Has Apparent Ability

Unkind words are not enough to constitute an assault. Our attorneys must show that the person who committed the assault had an imminent, apparent ability to follow through with the threat. We will use photo evidence, witness testimony, expert testimony, and other forms of evidence to prove this.

What Kind of Damages Can I Recover?

If another party attacked or threatened you, you deserve compensation for what you have gone through. If your civil claim is successful, you may receive compensation for:

  • Medical expenses you incurred as a result of the attack

  • Future medical expenses for anticipated surgeries, rehabilitation, and other treatments

  • Lost wages for the days of work you missed because of the incident

  • Pain and suffering

  • Mental anguish

Get Help Today

Assault and battery victims in Fort Lauderdale have experienced something that no one should ever have to go through. While we cannot change the past, we can help change your future. Our attorneys have represented victims of various forms of physical assault including people that have been mugged, raped, and beaten.

For more information on how the attorneys at Edwards Pottinger LLC can assist you with your civil assault or battery claim, call 954-524-2820.

Attorney for Victims of Robbery in Fort Lauderdale

If a robber took away your property or your peace of mind, we can help you recover compensation to get it back. To discuss your case with an attorney for victims of robbery in Fort Lauderdale, call Edwards Pottinger LLC today: 954-524-2820.

Can I Recover Damages for My Robbery Related Injuries?

If someone robbed you, you are entitled to receive compensation for any of the expenses you incurred. This compensation may cover:

  • Medical expenses for surgeries, treatments, hospital stays, ambulance trips, psychological counseling, and rehabilitation
  • Lost wages for robbery victims who are unable to work after the incident
  • Property damage or loss of property
  • Pain and suffering, mental anguish, and other noneconomic damages
  • Loss of services for family members who lost a loved one

Do I Need to File a Claim if My Robber Is Facing Criminal Charges?

Yes. Many robbery victims mistakenly believe that if there is a criminal case against the robber, the court will award damages to the victims as well. The reality is you may not recover damages even if the court convicts your attacker for robbery.

While some criminal judges may award robbery victims restitution in criminal court, it is likely not enough to cover all the victim’s robbery-related costs. Prosecutors are focused on getting the bad guys off the streets. This means that the needs of the victims might fall by the wayside. Once the victim has testified and the judge locks the guilty party in prison, the courts may leave the victim alone to deal with her devastation.

We encourage robbery victims to file a civil case against the parties liable for their damages, even if there is a criminal case in place. That way, you get to present your case in court on your own terms. This will allow you to face your attacker and get the justice you have been seeking.

How Do I Bring a Robbery Claim in Civil Court?

To prove our case in civil court, we will first need to decide who to name as defendants. In addition to naming the robber, we may also decide to bring negligence claims against a property or business owner, particularly if the robbery occurred in a store, bank, or other public property. We may allege the property owner did not provide adequate security and that the robbery occurred because of its negligence.


For example, if you were robbed while walking to your car in a mall parking lot, we may argue that it would not have occurred had there been adequate lighting or security personnel patrolling the area.

In order to bring a robbery claim against the robber in your case, we will present witness and expert testimony, medical reports, photo and surveillance video, police reports, and other evidence to establish the following:

  • The perpetrator took property from your person or from the premises around you: We will need to show that the perpetrator took property that belonged to you and that the perpetrator’s goal was to keep it away from you, either temporarily or permanently.
  • The perpetrator took your property by using violence, intimidation, or the threat of force: We will show the robber used violence, force, or threats (e.g., hit you, threatened to hit you, knocked you down, coerced you, etc.) to take the item from you. Even a small amount of force may be enough to qualify as a robbery.
  • You suffered injuries: If you suffered physical or emotional injuries, we will call experts to the stand to testify as to how the incident could have caused your injuries and how these injuries will affect you in the future. We may also call property experts to the stand to testify regarding the value of the stolen property if it is unrecoverable.

In addition to presenting our case, we will need to prepare for the defenses the defendants may use to protect themselves. The most common defense will be that he did not commit the robbery at all. The defendant may present an alibi to show he was not at the scene of the robbery when it occurred. We will have to present as much evidence as possible to show that the named defendant committed the robbery and that you suffered injuries because of it.

Get Help with Your Robbery Civil Claim. Call Our Team Today.

Being a victim of robbery can affect you for the rest of your life on many levels. In addition to losing valuable property, robbery victims in Fort Lauderdale may also experience severe injuries and emotional trauma. You might be dealing with anxiety or even post-traumatic stress disorder from the event. Do not let your attacker get away with such a horrible crime.

Call the attorneys at Edwards Pottinger LLC to handle your claim. With years of personal injury experience, we are knowledgeable and intimately familiar with civil litigation and will do whatever we can to help you recover the compensation you deserve.

Contact us today: 954-524-2820.