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Battery
Injured in an assault or battery? We pursue full compensation for your injuries and damages across Florida.
Battery Injury Claims in Florida
Battery is the intentional, harmful, or offensive touching of another person without consent. Beyond any criminal case the state may bring, a victim has the right to pursue a civil claim for money damages against the person responsible. A civil battery claim is independent of the criminal process and can proceed whether or not the attacker is charged, convicted, or acquitted, because the civil standard of proof is lower.
Civil battery damages can include medical and dental bills, lost wages, rehabilitation costs, pain and suffering, and, in cases of especially malicious conduct, punitive damages. In many situations a third party may also be liable, such as a bar that overserved a patron or a property owner whose negligent security enabled the attack, which can be critical when the attacker has no assets or insurance. The civil and criminal systems run on separate tracks, as explained by resources like the Florida Bar.
Preserving evidence, including medical records, photographs, and any police report, strengthens a civil battery claim.
This is part of our Personal Injury practice. Related claims include negligent security and emotional distress. Review our case results, learn about Attorney Edward G. Jimenez, or request a free consultation by calling (321) 465-3425.
Client Reviews
Civil and Criminal Cases Are Separate
A criminal prosecution is brought by the state to punish the offender, while a civil battery claim is brought by you to recover compensation. They are independent: you can win a civil case even if no criminal charges are filed, because civil claims require only a preponderance of the evidence rather than proof beyond a reasonable doubt. We can pursue your civil claim regardless of what happens in any criminal proceeding.
Finding a Source of Recovery
A judgment is only worth what you can collect, so identifying who can actually pay is essential. Beyond the attacker, third parties are sometimes liable, a vendor that overserved alcohol, an employer of the assailant, or a property owner whose lack of security allowed the attack. These defendants often carry insurance. We investigate every avenue of recovery so your claim is not limited to an attacker who may have no means to pay.
Damages You Can Recover
Civil battery damages typically include your medical and dental expenses, lost income, future care, and compensation for pain, suffering, and emotional distress. Where the conduct was particularly egregious, punitive damages may also be available to punish and deter. We document the full extent of your injuries and losses and pursue every defendant who bears responsibility. Call Jimenez Legal at (321) 465-3425 or request a free consultation.
Frequently Asked Questions
Yes, a civil battery claim seeks money damages and is separate from any criminal prosecution.
Medical bills, lost wages, and pain and suffering are commonly recoverable in a battery claim.
No, a civil claim can proceed independently of whether the attacker is criminally charged or convicted.
Sometimes, if a property owner's negligent security helped enable the attack.
Keep medical records, photos, any police report, and the names of witnesses.
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