Physical violence is far too common in today’s society. These days, it seems people have a tendency to resort to violence without notice or provocation. Violent acts can result in traumatic brain injuries, broken bones, and other serious injuries. While assault crimes typically involve the criminal justice process, those experiencing assault injuries can also pursue a personal injury claim against the person who committed the assault. At the South Florida personal injury law firm of Friedman Rodman Frank & Estrada, we are here to help you hold the person who assaulted you accountable for your injuries. We understand that this is a challenging time for you and will do everything to make the recovery process as easy on you and your family as possible.
Who Is Liable After an Assault?Under Florida law, if you’ve been assaulted, you can bring a personal injury case against the person who caused your injuries. In addition, you may be able to bring a negligent security claim against the property owner where you were assaulted. For example, if a bar patron assaulted you as you were having a few drinks with friends, the bar may be liable to you for failing to provide the necessary security one would expect.
While an assault claim is an intentional tort, a negligent security claim is based on the legal theory of negligence. Thus, the question in these cases is whether the establishment took reasonable precautions to prevent the attack. Negligent security claims are especially important if the person who assaulted you does not have the means to fairly compensate you for your injuries.
What Is the Difference Between Assault and Battery?Assault and battery are both intentional torts. However, while many people use these terms interchangeably, they are actually separate claims. Assault refers to the situation in which someone puts you in immediate fear of physical harm. A battery, on the other hand, occurs when another person makes physical contact with you that is “harmful or offensive.” For example, if someone were to walk up to you and pull their fist back as if they were about to punch you, they committed an assault but not a battery. Typically, most assault victims bring both assault and battery claims together because they are so similar.
Damages in a Personal Injury Case Involving Assault InjuriesIf you suffered assault injuries, you may have spent time in the hospital, missed work, and experienced a major disruption in your life. By filing a personal injury claim against the person who assaulted you, you can recover damages that will help you cover both your economic and non-economic damages.
Economic damages are those that compensate you for the out-of-pocket expenses that you were forced to pay as a result of the assault. They also include the money you would have earned, but for the fact that you were assaulted. For example, medical expenses and lost wages are both common types of economic damages in South Florida assault cases.
Non-economic damages allow you to recover for the emotional and psychological impact the assault had on your life. Compensation for pain and suffering are the classic examples of non-economic damages; however, you can also recover damages related to your loss of enjoyment of life and any emotional distress you experienced due to the attack.
Contact a Personal Injury Lawyer Today to Discuss Your Assault CaseIf you were recently the victim of violence, contact the South Florida assault injury lawyers at Friedman Rodman Frank & Estrada for immediate assistance. At Friedman Rodman Frank & Estrada, we proudly represent victims of assault, helping them pursue the compensation they need to begin moving on with their life after a traumatic attack. As experienced negotiators, we are often able to resolve our clients’ cases without the need for a long, drawn-out trial. However, because we are equally comfortable in the courtroom, we will not hesitate to take your case to trial when it becomes necessary. To schedule a free consultation today, contact Friedman Rodman Frank & Estrada by calling 305-448-8585. You can also connect with us through our online form. Our lawyers represent accident victims throughout South Florida, including but not limited to Miami, Naples, Homestead, Fort Lauderdale and Orlando.