Florida Assault Injury Lawyer

Under Florida Statute § 784.011, assault is an intentional, unlawful threat—by words or actions—coupled with an apparent ability to carry out the threat, which creates a well-founded fear of imminent violence in another person. Notably, no physical contact is necessary for assault to occur.

Battery, defined by Florida Statute § 784.03, involves the actual, intentional touching or striking of another person without consent.

Key Differences:

• Assault: Constitutes the threat or apprehension of harmful or offensive contact.
• Battery: Involves the actual infliction of harmful or offensive contact.

Both assault and battery may result in criminal prosecution and/or civil liability, meaning victims can pursue damages or other methods of compensation. In civil cases, the burden of proof is lower. Attorneys only need to demonstrate it’s more likely than not that the defendant is responsible for the harm you experienced.

Assault cases often follow two separate but related* paths:

• Criminal prosecution: Brought by the state to punish the offender and protect public safety. The government must prove guilt beyond a reasonable doubt. Penalties may include jail time or probation.
• Civil lawsuit: Filed by victims to seek monetary damages for losses caused by the assault. It requires a lower proof standard and can help victims financially recover for medical bills, lost income, and emotional trauma.

*These paths can coexist, and a criminal conviction can strengthen the victim’s civil case.

The aftermath of an assault can incur steep medical bills, lost income, and long-term impacts on you or your loved one’s quality of life.

Economic Damages

These cover measurable financial losses directly resulting from the assault, including:

• Medical bills (emergency care, surgery, therapy)
• Ongoing treatment and rehabilitation
• Lost wages and future income
• Property damage (e.g., broken phone, torn clothing)

Non-Economic Damages

These compensate for intangible harms caused by the assault, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Mental anguish

Punitive Damages

In cases involving especially reckless, malicious, or intentional misconduct, Florida courts may award punitive damages as a means to punish the wrongdoer and deter similar conduct going forward.

To win a civil assault case in Florida, your attorney will need to prove:

1. That the defendant intentionally or recklessly caused you to fear harm.
2. The conduct was unlawful and created a reasonable belief of imminent harm.
3. You suffered actual injuries or financial loss as a direct result.

If you’ve been assaulted, take these steps immediately:

1. Seek medical attention even if injuries seem minor
2. Report the incident to the police
3. Preserve evidence (this includes photos, clothing, and witness contacts)
4. Avoid speaking to insurance companies without legal advice
5. Contact a Florida assault injury lawyer as soon as possible

Florida law generally gives you 4 years to file a civil lawsuit for assault or battery, as these are considered intentional torts (§ 95.11(3)(n)).

However, claims based on negligence—like those against property owners for negligent security—are subject to a 2-year statute of limitations under (§ 95.11(3)(a)).

Because these time limits can vary based on the exact facts and claim types, it’s important to contact a Florida assault injury attorney promptly to prevent losing your right to file.

What does this mean for you?
If you were injured in an assault, you generally have 2 years from the date of the injury to file a civil lawsuit to seek compensation. Filing after this period can result in your case being barred by the court.

What about negligent security or premises liability claims?
Many such claims are considered personal injury claims and also follow the 2-year statute of limitations. However, certain types of property damage claims or related contract claims might have a longer deadline of 4 years, as outlined in the broader statute (Florida Statutes § 95.11).

Because the exact time limit can depend on the specifics of your case and when the injury occurred (noting the law changed on March 24, 2023), contact a qualified Florida assault injury attorney promptly to avoid missing any deadlines.

Our Florida assault injury attorneys do more than just file paperwork.

Here’s what we may assist with:

• Investigating the incident: Gathering police reports, medical records, surveillance footage, and witness statements.
• Identifying liable parties: Includes the attacker, but also property owners, event organizers, or negligent security companies may also be responsible.
• Calculating full damages: Including long-term medical needs, lost earning capacity, and emotional distress.
• Negotiating with insurers: Protecting your interests and pushing back against lowball settlement offers.

Can I file both a criminal case and a civil lawsuit for an assault in Florida?
Yes. Criminal prosecution is handled by the state to punish the offender, while a civil lawsuit allows you to seek compensation for your injuries and losses. These cases proceed independently but can happen simultaneously.

Who can be held liable in an assault injury claim?
Aside from the assailant, parties such as negligent property owners, event organizers, or security companies may be financially responsible.

What is negligent security, and how can it apply to assault cases?
Negligent security occurs when a property owner or manager fails to provide reasonable safety measures to protect visitors from foreseeable criminal acts, like assaults. Under Florida law, if an assault happened as a result of the owner’s failure to implement adequate security, such as proper lighting, trained guards, or surveillance, and this failure contributed to your injury, you may have a negligent security claim. To win, you must show that the property owner owed a duty of care, breached that duty by lacking sufficient security, that this breach caused your injury, and that the harm was foreseeable.

What if I’m a family member of a victim? Can I seek damages?
Yes. Family members may pursue claims for damages related to loss of consortium, emotional trauma, or financial support depending on the circumstances.

How much compensation can you get for an assault injury in Florida?
Compensation depends on the severity of your or your loved one’s injuries, the impact on your or their life, and the responsible parties involved. You may recover economic damages like medical bills, lost wages, and future treatment costs, plus non-economic damages such as pain and suffering and emotional distress. Punitive damages may be awarded if the conduct was intentional or reckless. To give a rough idea, some clients have settled between tens of thousands and several hundred thousand dollars, depending on medical costs, permanency of injury, and emotional trauma.