Were you assaulted or attacked in Clearwater, FL? Regardless of whether the assailant is facing criminal charges, you may be entitled to file a personal injury claim to recover compensation for your financial and emotional losses.
A Clearwater assault injury lawyer at Winters & Yonker Personal Injury Lawyers will help you hold the responsible party accountable. Our legal team boasts over 119 years of combined experience dealing with cases like car accidents, Clearwater motorcycle accidents, construction accidents, brain injuries, slip and fall cases in Clearwater, and more. We have been helping these personal injury victims pursue full and fair financial recoveries since 2001.
To learn about our legal services and how we can help after an assault, call us at (727) 493-4418 or contact us online. Our Clearwater law firm offers a free initial consultation to discuss what happened and provide legal guidance.
How Winters & Yonker Personal Injury Lawyers Can Help With a Civil Assault Injury Claim in Clearwater, FL
Assault and other intentional acts of violence can be traumatizing, leaving you physically and emotionally scarred. And while your attacker may be held criminally responsible, you also deserve financial accountability and justice for your losses.
That’s where the Clearwater personal injury lawyers at Winters & Yonker Personal Injury Lawyers can help. We’ve acquired millions of dollars for injured victims throughout Florida after accidents and intentional acts, and we’ll put our experience, determination, and resources to work for you.
If you hire our attorneys for help after an assault in Clearwater, Florida, we’ll handle your case from start to finish while you focus on your physical and mental health. We’ll:
- Listen to your story and provide honest legal advice
- Investigate the circumstances of your attack to identify every potentially liable party
- Monitor any ongoing criminal investigations or proceedings (if applicable)
- Gather evidence proving your assault injury case, including police reports, surveillance footage, eyewitness statements, and more
- Negotiate a fair settlement on your behalf
- Provide aggressive representation in court if we fail to reach an agreement
Contact our experienced assault injury attorneys in Clearwater for a free consultation to learn more about creating an attorney-client relationship.
What Is Assault and Battery in Florida?
Assault and battery are both crimes and intentional torts – meaning they can result in criminal charges and a civil claim for compensation.
If someone commits assault and battery, the State of Florida can file charges to criminally prosecute them. However, that doesn’t help the victim cover the losses incurred by the intentional act, such as medical bills and trauma. Therefore, the victim can file a personal injury lawsuit in civil court to recover compensation.
Assault is defined under Florida law as an intentional and unlawful threat to carry out a violent act on another person. The threat must be accompanied by some act that creates a reasonable fear of imminent harm. You don’t have to be physically contacted or injured for assault to apply.
Battery, on the other hand, requires physical contact. It is defined as intentionally touching another person against their will or intentionally causing them bodily harm.
Even if the wrongdoer isn’t convicted of assault and/or battery, the victim can pursue a claim in civil court. Not only are they separate proceedings with different objectives, but the burden of proof in a criminal case (beyond a reasonable doubt) is higher than in a civil case (preponderance of the evidence).
Our Law Firm Handles All Types of Assault and Battery Injury Claims in Clearwater, Florida
Whether the assault you experienced was perpetrated by someone you know or a total stranger, our personal injury lawyers in Clearwater can help.
Winters & Yonker Personal Injury Lawyers can handle cases involving:
- Bar fights
- Sexual assault and rape
- Domestic violence and abuse
- Assault with a deadly weapon
- Police brutality or misconduct
- Bullying and school violence
- Other intentional or violent acts
Contact our law office today to discuss your assault and the harm you’ve endured.
We’ll Pursue Compensation for All of Your Assault Injuries
Victims of intentional torts like assault and battery can suffer a range of different injuries depending on the nature of the conduct, including:
- Fractures and broken bones
- Bruises, lacerations, and puncture wounds
- Gunshot wounds
- Eye injuries
- Dental injuries
- Concussions and other traumatic brain injuries
- Sprains, strains, and other soft tissue injuries
- Neck injuries
- Back injuries
- Spinal cord injuries
- Nerve damage
- Internal organ injuries and internal bleeding
Emotional injuries are also common after an assault, including post-traumatic stress disorder, anxiety, depression, and fear.
Our Clearwater personal injury attorneys will work to obtain a financial recovery that fully compensates you for your physical and psychological harm.
What Is the Value of My Clearwater Assault Injury Case?
All victims of intentional torts present unique circumstances, so the value of your assault injury case will depend on the facts of your situation.
Accordingly, the following factors can impact what your civil case is worth:
- The nature of the attack and whether you sustained severe injuries
- Whether another party – such as a property owner – shares responsibility
- The medical costs, therapy expenses, and other financial losses you incurred
- The level of your emotional trauma
- Whether you’re able to enjoy life and work in the same capacity as before the assault
- The strength of your evidence
- Whether insurance covers the incident and the insurance company’s willingness to settle
Our assault injury lawyers in Clearwater will help you calculate your losses and pursue every dollar.
What Compensation Is Available To Victims of Assault in Clearwater, Florida?
If you were the victim of assault in Clearwater, you might be entitled to compensation for your economic and non-economic losses.
The expenses you incur due to your assault injuries are your economic damages, which might include:
- Medical expenses, such as emergency medical services, treatment, and hospital bills
- Anticipated healthcare requirements, such as rehabilitation
- Therapy and counseling
- Lost wages and employment benefits
- Diminished earning potential
- Out-of-pocket expenses
- Property damage or loss, such as if your personal property was broken or stolen
You will likely also suffer from personal losses due to the trauma of your assault. These are your non-economic damages, which might include:
- Emotional distress
- PTSD and anxiety
- Pain and suffering
- Reduced quality of life
Florida courts rarely award punitive damages, but they apply to cases where the defendant exhibited intentional misconduct. Based on the circumstances of how you were attacked or assaulted, the court may award these damages to punish the defendant.
Who Could Be Liable for Assault Injuries in Florida?
Florida law allows assault injury victims to pursue compensation from anyone who caused or contributed to their damages. While your attacker is ultimately responsible for the injuries they inflicted, other parties can also share liability.
Some potentially liable parties might include:
- Your attacker
- Property owners
- Business owners, including bar and nightclub owners
- Apartment managers
- Daycare centers
- Colleges and universities
- Nursing homes
- Churches and religious institutions
- Cruise ships
- Government agencies
- Employers if the assault occurred within the scope of the attacker’s employment
You may wonder why you would pursue compensation from another party rather than hold your attacker completely accountable. For one, the person who assaulted you may not be located (such as if it was a random assault and the assailant fled the scene). Even if they are found, they may not have the financial means to pay the full extent of your losses.
What Is Negligent Security?
If an assault happened on another individual’s property, they could be held responsible in a premises liability claim. Florida property owners have a duty to take reasonable measures to keep visitors safe on their property and prevent foreseeable harm.
To do this, owners must equip their property with adequate security features, which might include:
- The installation of security cameras
- Hiring security officers or guards
- Hiring bouncers or door attendants
- Installing alarm systems
- Providing adequate lighting
- Training employees on how to handle violent acts or de-escalate tense situations
- Installing locks and gates
- Installing metal detectors
If a property owner fails to take reasonable steps to keep their premises safe, they could be liable for negligent security. What is “reasonable” will depend on the circumstances, such as the location and type of establishment.
For example, if the property is located in an area known for criminal activity, it’s reasonably foreseeable that a violent act could occur on the premises.
However, rather than an intentional tort, premises liability cases are based on negligence.
How Long Do I Have To File a Lawsuit After an Assault in Florida?
Victims of assault and battery in Clearwater typically have four years from the attack date to file a personal injury case. However, there may be exceptions. For example, if the intentional tort resulted in a fatality, you have just two years from your loved one’s date of death to bring a wrongful death action.
It’s wise to consult an experienced personal injury attorney in Clearwater as soon as possible after your assault. If you miss the statutory deadline that applies to your case, you’ll lose the right to seek compensation for your damages.
Contact Our Clearwater Assault Injury Lawyers for a Free Consultation
If you were attacked or assaulted in Clearwater, FL, you shouldn’t have to bear the costs of your trauma alone. Let Winters & Yonker Personal Injury Lawyers help you file a claim to hold the responsible parties accountable and get the compensation you deserve.
Contact our Clearwater assault injury attorneys today for a free case evaluation to discuss your potential avenues for financial recovery. We’re available 24/7 to help.