Month: May 2016

How Much Can I Sue For Assault And Battery?

How much you can sue for assault and battery depends on how the incident affected you physically, financially, and emotionally.

How Do I Determine What My Assault and Battery Lawsuit Is Worth?

The best way to determine how much your assault and battery case is worth is to talk to an injury lawyer. Your lawyer can investigate the circumstances of your attack and evaluate the nature of your injuries.

Depending on the incident in question, you may recover compensation for:

  • Medical bills

  • Lost wages

  • Future medical bills

  • Lost earning capacity

  • Any pain and suffering you endured

And because assault and battery are intentional offenses, the jury might award you punitive damages — awards that often exceed your actual damage award — to punish your attacker.

What Can Affect My Compensation Award?

The severity of the incident will have the biggest effect on how much compensation you can recover.

Someone who suffered a gunshot wound will likely recover more compensation than someone injured in a fist fight.

However, every case and person is different. A person who suffered a gunshot wound might not require physical or emotional therapy while someone injured in a fist fight might. Our team will let you know anything that might affect your compensation award.

Can I Still Recover Compensation If I Was Not Physically Injured?

Yes. You do not have to sustain physical injuries to sue for either assault or battery in Florida.

The crime of assault does not involve physical harm, under the Florida statutes. Rather, assault is the threat of physical harm (e.g., someone threatens to punch you while raising a fist). Battery typically does involve physical harm (e.g., someone actually punches you); however, the civil interpretation of bodily harm does not require injury to occur — only the perpetrator’s intention to cause injury.

Also, certain types of offenses are battery under the law, but require little physical contact. For example, if another party spit in your face, she can face battery charges, even though she did not injure or intend to injure you.

In addition, not all injuries are physical. In most cases, mental and psychological harm also qualify as injury under the Florida statutes. If another person swung at you with a baseball bat, you might have to contend with post-traumatic stress disorder or anxiety from that altercation.

It is important to note, however, that you will likely not recover as much compensation as you would like if you did not suffer any physical injuries. A person who suffered injuries after being hit with a baseball bat will likely recover a higher award than someone threatened with a baseball bat.

Does It Matter If My Attacker Went to Jail on Criminal Charges?

Assault and battery can carry both criminal and civil charges. The burden of proof for a criminal conviction is higher than it is for a civil proceeding. Unfortunately, a criminal conviction rarely requires that the perpetrator compensate the victim for their injuries.

If the offender pled guilty, entered a plea bargain, or faced a conviction, proving your civil claim may become easier as we can use that plea or conviction as proof the incident occurred.

Whether your attacker went to jail or not, or even if the prosecutor did not succeed in getting a conviction, you can still sue for your injuries and damages.

However, if your attacker went to jail, it can be difficult to recover the compensation you deserve. We will look into your options and choose the best one for your case.

How Can I Prove the Value of My Claim?

In addition to proving the other party harmed or threatened to harm you, you must establish the damages you suffered from the incident.

Your lawyer can make your case by providing medical bills, prior wage statements, and related documentation for other expenses and damages you incurred. In addition, your lawyer may present medical records and statements from medical experts to prove your future needs for treatment and care.

Call Our Team Today for a Free Consultation

Based on how the court regards assault and battery injuries in the context of civil law, you need a Florida personal injury lawyer to assist you in pursuing a claim for financial compensation.

Your lawyer can help you obtain any medical treatment you need for your injuries. Your assault and battery attorney can explain your options for pursuing damages and fight for your rights to compensation.

If another person intentionally inflicted injury upon you, a personal injury lawyer can help you pursue the financial compensation you deserve for your damages. In Florida, the attorneys of Edwards Pottinger LLC can help.

Contact us today at 954-524-2820 to schedule a consultation or speak to a Florida assault and battery lawyer.