Personal Injury Claims for Assault and Battery
Assault and battery are two terms, which are often used interchangeably to describe offensive, harmful touching or hitting; however, assault and battery are two distinct causes of action under Florida law.
Assault and battery claims may be brought under Florida criminal law and civil law. In a civil or personal injury case, the victim may bring a suit for monetary damages against the offender directly.
If you have been attacked or suffered serious injuries as a result of an assault or battery, it is important to consult an experienced assault and battery attorney in Tampa, Florida immediately.
Tampa Assault and Battery Attorney
Michael Germain of Germain Law Group, P.A. is a skilled personal injury attorney based in Tampa, Florida. For over 12 years, Michael Germain has represented clients in civil assault and battery cases against offenders.
He diligently works on behalf of assault and battery victims to obtain the damages they deserve, including lost wages, medical bills, and pain and suffering.
Germain Law Group, P.A. represents clients throughout Hillsborough County, including Tampa, Temple Terrace, Plant City, Bay Crest Park, Hunters Green, and surrounding areas. Contact Germain Law Group, P.A. at (813) 835-8888 to schedule a free, no-obligation consultation with an attorney.
Florida Assault and Battery Information Center
- Definition of Assault in Central Florida
- Definition of Battery in Florida
- Defenses in Assault and Battery Cases in Tampa, Florida
Assault occurs when an individual puts a victim in fear of immediate injury while he or she has the ability to inflict such injury. It is not necessary for an individual to actually be harmed in order to bring a civil suit for assault.
According to Florida Statute Title 46 Chapter 784.011, the following conduct must occur to constitute assault:
- The offender must make an intentional or unlawful threat to do violence towards the victim;
- The threat may be verbal or physical;
- The offender must have the apparent ability to committed the threated acts of violence; and
- The victim must have a well-founded fear that violence is imminent.
Generally, a civil cause of action for assault must be brought with 5 years of the assault.
Battery occurs when an individual makes actual and intentional physical contact with another person without the person’s consent.
Under Florida law, there are two provisions under which a civil claim for battery can be bought.
Under the first provision, Florida Statute Title 46 Chapter 784.03, the following conduct must occur to constitute battery:
- The offender must actually touch or strike another person;
- The touching or striking must be intentional; and
- The touching or striking must occur without the consent of the other person.
Under the second provision, an individual may bring a claim for battery if the offender intentionally causes bodily harm to another person. Battery includes crimes of sexual battery, rape, molestation, and malicious wounding.
In a civil case for assault and battery the individual, who allegedly committed the assault or battery, may present defenses to avoid liability. Common defenses include:
- Consent– The most common defense is consent. The alleged offender can assert the victim consented or agreed to the assault or battery.
Consent is an effective defense particularly regarding injuries sustained in contact sports like football or hockey. The offender can assert the victim agreed to play the sport and as a result consented to the assault or battery that occurred.
- Self-Defense– An alleged offender may assert the assault or battery occurred in response to the victim’s conduct. A successful self-defense defense must prove the offender responded appropriately and proportionately in the commission of the assault or battery.
- Immunity– In certain cases, the offender can assert immunity. Immunity prevents an individual from bringing a civil suit or recovering damages in a personal injury suit for assault and battery. Certain government bodies and authorize actors may assert immunity.
Germain Law Group, P.A. ǀ Hillsborough County Assault and Battery Lawyer
Preparing a successful civil case for assault and battery is a complex process. It is highly recommended that a victim of assault or battery consult an experienced personal injury attorney.
Michael Germain of Germain Law Group, P.A. diligently represents individuals in all types of personal injury cases, including assault, battery, car accidents, motorcycle accidents, and truck accidents.
Germain Law Group, P.A. proudly represents clients throughout Florida, including Hillsborough County, Polk County, Pinellas County, Hernando County, Sumter County, Citrus County, Pasco County, and surrounding areas.
Contact Germain Law Group, P.A. at (813) 835-8888 to schedule a confidential consultation with an attorney.