Civil Assault and Battery

Both civil assault and battery are voluntary and intentional acts. In some cases, those who sustained injuries from an intentional act may seek financial compensation from their offenders. Per Florida law, assault and battery victims may file a civil claim against the at-fault party like victims of traffic accidents, slip-and-falls, or other accidents in which they suffer harm. Each of these claims is unique and depend in part on the specific facts surrounding the event in question. Florida courts address assault and battery as separate claims, even though they often co-occur.

The main difference between civil assault and battery claims is that assault focuses on the fear created and does not require the physical touching of another while battery focuses on the offensive contact itself.

The elements of a Florida civil assault claim are:

1. Defendant made an intentional, unlawful offer of corporal injury to plaintiff by force, or force unlawfully directed toward plaintiff’s person;
2. Defendant’s actions created a fear of imminent peril; and
3. Defendant had the apparent present ability to effectuate the attempted action.

While the elements of Florida battery claim are:

1. Defendant committed act(s) intending to cause harmful or offensive contact with plaintiff or causing plaintiff to be in imminent apprehension of such a contact; and
2. Defendant made an offensive contact with plaintiff.

Damages

Plaintiffs of battery and assault claims often sustain damages that can be as severe as the physical and mental impairments for which they can seek compensation.  The complexities of such actions require experts, including forensic economists, who can assist in determining damages and equitable settlement amounts by providing precise damage calculations. 

Florida Civil Assault and Battery Attorney

Are you a party to a civil assault or battery lawsuit?  Speak with Florida civil assault/battery and trial lawyer Andrew J. Pascale at 877-667-1211.  This blog does not constitute legal advice and is for illustrative purposes only.