Were you assaulted in Fort Lauderdale, Florida? Regardless of the status of any related criminal proceedings, you may be able to file a civil claim and receive compensation for your pain and suffering, emotional distress, medical expenses, and more.
Hollander Law Firm Accident Injury Lawyers can help you throughout the entire process. Our Fort Lauderdale assault injury attorneys have over 28 years of experience practicing law, and we’ve secured tens of millions of dollars on behalf of our deserving clients.
To learn more about your legal rights and options, just give us a quick call today at 954-287-0566. We offer a free consultation to review your case and provide you with legal advice.
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How Hollander Law Firm Accident Injury Lawyers Can Help If You’ve Been the Victim of an Assault in Fort Lauderdale
The criminal justice system can prosecute your assailant and potentially hold them accountable for what they’ve done. However, that doesn’t necessarily help you with your situation – especially in terms of the losses and damages you’ve incurred. That is where filing a lawsuit in a civil court of law might be in your best interest.
The burden of proof standard in a civil claim is easier to meet than the one found in a criminal prosecution, which means you may be able to succeed in civil court even if the person who caused your assault injury is acquitted.
At Hollander Law Firm Accident Injury Lawyers, our award-winning legal team is here to help you pursue justice. Our experienced Fort Lauderdale personal injury lawyers can do the following in service of your claim, just to name a few examples:
- Conduct a comprehensive investigation into your case to collect evidence and identify the full extent of your damages
- Keep you apprised of your legal options at all times as your case progresses
- Negotiate a settlement agreement with the at-fault party and handle all of the paperwork and communications
- Potentially bring your claim all the way to trial, if necessary
Whether you want to start forming an attorney-client relationship or would like further information about what we can do in service of your claim, contact us today in Fort Lauderdale, FL. Your initial case review is free of charge and without any obligations.
Proving Liability for an Assault Injury Case in Fort Lauderdale, Florida
In the State of Florida, assault is a criminal offense that carries the threat of jail time. It is also a civil offense under the area of intentional torts (as opposed to negligence, which is the category most personal injury cases are covered by).
State law defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
To put this more simply, assault occurs when another person’s intentional acts cause you to be fearful for your safety. It is not necessary that you were physically harmed in order to pursue this type of claim. Consider the following types of scenarios that could give rise to a valid assault claim:
- A person threateningly points a gun or weapon at you
- Someone throws an object in your direction while yelling insults or threats
- A person grabs you and raises their fist in a threatening manner
In order to prove liability for an assault injury claim, you must demonstrate that the person’s intentional acts caused you to fear for your life or safety and that they had the ability to cause you physical harm (whether or not they actually did so).
As noted above, the burden of proof standard for a civil claim is lower than the standard for a criminal proceeding. While the standard for the latter is “beyond a reasonable doubt,” the standard for the former is “by a preponderance of the evidence.” You need only demonstrate it is more likely true than not that the at-fault party is liable for your injuries. This is why you can win your civil claim, potentially, even if your perpetrator is found not guilty in criminal court.
What Damages Can I Recover From an Assault Injury Claim in Fort Lauderdale?
There are two forms of compensatory damages available to assault victims in Fort Lauderdale: economic damages and non-economic damages. These make up for your financial and non-financial losses, respectively. Examples of things you can receive compensation for under these two types of damages include:
- Emotional distress
- Lost wages
- Pain and suffering
- Decreased earning capacity
- PTSD, anxiety, and depression
- Disfigurement and scarring
- Medical bills
- Out-of-pocket expenses
- Loss of consortium
- Decreased enjoyment of life
You might also be able to collect punitive damages in an assault injury case. These damages are reserved for cases involving extreme conduct and are meant to “punish” the responsible party for their actions.
We Can Help With Any Type of Assault Injury Case in Fort Lauderdale
Our Fort Lauderdale personal injury attorneys have the experience and skill set necessary to assist with just about any type of assault injury case in the area. Types of cases we can help with include, but are not limited to, the following:
- Brawls or fights
- Domestic violence
- Sexual assault
- Other similar types of criminal behavior
Contact our personal injury law firm in Fort Lauderdale, FL, today to discuss your legal rights and options for compensation.
Who Could Be Held Liable in My Fort Lauderdale Assault Injury Case?
While you may file a claim against the person who assaulted you directly, you might also have additional parties to pursue compensation from. This could be important, depending on the facts of the case and whether your assailant has the funds available to pay for your damages.
If your assault took place on another person or entity’s property, for example, you might be able to file a lawsuit against the owner or manager of that premises. Potentially liable parties in this area include:
- Government agencies
- Hospitals and other healthcare facilities
- Schools or daycare facilities
- Religious centers
As another example, you might have the ability to file a claim against your assailant’s employer under the theory of vicarious liability – assuming they were on the clock at the time of the assault.
What Are Some Common Types of Assault Injuries?
Unfortunately, many assault cases involve serious, debilitating injuries. These include:
- Traumatic brain injuries
- Spinal cord injuries
- Catastrophic injuries, such as amputations and paralysis
- Neck injuries
- Broken bones and fractures
- Lacerations and puncture wounds
- Organ and nerve damage
These injuries can have long-term consequences that impact the victim’s life forever. If you’ve recently experienced assault injuries similar to those mentioned above, you deserve compensation that makes you whole again. Reach out to our Fort Lauderdale assault injury lawyers for legal help.
How Long Do I Have To File an Assault Injury Civil Claim in Florida?
Assault cases fall under Florida’s statute of limitations for personal injury. This is a law that sets deadlines for when lawsuits must be filed. By default, you will have four years from the date of the assault to file your claim.
However, exceptions could apply that allow you additional time to file. For that reason, it is best to contact our law office in Fort Lauderdale with any questions you might have about the statute of limitations deadline and how it applies to the facts of your case.
Schedule a Free Case Review With an Experienced Fort Lauderdale Assault Injury Attorney
Hollander Law Firm Accident Injury Lawyers can help you pursue the compensation you need and deserve if you’ve been assaulted in Fort Lauderdale. While you focus on healing from the experience and your injuries, our legal team can work hard to ensure your legal rights and interests are fully protected and explored.
We also work on a contingency fee basis, meaning you can hire us without paying anything upfront. In addition, we only receive attorney’s fees if we win or settle your claim.
Set up a free consultation with a trusted Fort Lauderdale assault injury lawyer today by giving us a call.