Bernstein & Maryanoff

Florida Personal Injury Lawyers
Helping Survivors of Battery

When people think of Florida personal injury law, most thoughts drift towards car accidents, slip and fall accidents and situations where someone makes a mistake that leads to someone else suffering injuries.  However, there is an entire body of Florida personal injury law that deals with intentional conduct, and one of the most common and most brutal actions that can arise is a lawsuit that results from a battery.  Below you’ll find an overview of this troubling situation, and if you or someone you love has been harmed in this manner, seek the help of Florida personal injury lawyers as soon as possible.

Battery Defined

Battery is generally defined as the unlawful touching of another person without that person’s consent and contact that’s made with the intent to injure.  The specific injury that results does not need to be intended by the person who has committed this act, but rather the person who is accused of battery needs only have a reasonable certainty that physical harm will result.

While almost any form of touching or contact could constitute a battery, Florida personal injury lawsuits generally will not arise unless there is some sort of actual harm inflicted.  In addition, battery does not necessarily require direct contact with the victim’s body, but can involve indirect contact, such as throwing something at the person or coming into contact with something that’s attached to the victim.

Potential Damages that Could Result from a Florida Battery

When someone is physically battered and suffers injuries as a result, the person who has been harmed has the right to bring a Florida personal injury lawsuit against that person in response to this action.  If such a lawsuit is filed and is successful, the injured person could recover damages that include compensation for medical costs, lost income and pain and suffering among others depending on the facts of the situation.

In addition, it’s also possible for the injured person to seek and to recover punitive damages.  Punitive damages are not necessarily awarded to compensate the injured person for direct losses, but are designed instead to punish the actor and to deter him or her from battering someone in the future.  In order to successfully obtain punitive damages, the injured person must show that the defendant acted intentionally and that his or her intent was to cause serious harm.

If you or someone you love has been battered by someone else, you need to take criminal as well as civil action.  Contact the Florida personal injury lawyers at Bernstein & Maryanoff today to schedule a free initial consultation.