Can You Sue For Personal Injury If You Were Battered In Florida?
Were you battered in Florida? Battery can mean a lot of things. It is sometimes sexual battery, but it can be a physical battery of any kind to be considered a crime. While battery of any kind is a criminal offense and can be prosecuted as such, you only get the satisfaction of knowing the perpetrator was punished for their crime against you. A criminal suit doesn't help pay your medical bills or compensate you for any pain and suffering for injuries you received because of the battery. You should be able to bring a civil suit, but can you?
Here's what you need to know about personal injury civil suits for battery in Florida. Remember, battery is different than assault. Assault is a threat of physical harm, while battery is actual physical harm.
You Can Sue, But There Is a Statute of Limitations
You can bring a civil suit for battery in Florida, but you have to do it within a certain time period for it to be accepted by the courts. According to JustAnswer.com, the statute of limitations for bringing a civil suit in Florida is four years from the date you were subjected to the battery.
It may seem like you would want to bring a civil suit right away in cases of battery. However, sometimes the extent or severity of your injuries may take a while to become fully apparent. So, waiting to file a civil suit may be the best course of action.
Once you know the true extent of your injuries and whether they will be permanent, you will have a better idea of how much compensation to ask for in a civil suit. Just make sure you contact a personal injury attorney in time to get the suit filed within the period of the statute of limitations so you can get the compensation you deserve.
You Don't Even Have to Be Injured to Sue
Sometimes, you can bring a civil suit for battery based on the fact that your rights were violated, even if you weren't injured. In a case like this, you would be awarded punitive damages from the defendant, rather than medical bills or pain and suffering compensation.
The compensation you would typically receive in a case like this would be minimal, and would be mainly to send a message to the defendant that what they did was not acceptable. If you win the case, it is a formal acknowledgement that your rights were violated.
If You Sue Based On Injuries, the Amount You Receive Will Depend on the Severity of Your Injuries
You can often get a substantial sum in a civil suit for battery if your injuries were or are severe. The amount of compensation you will be awarded by the court depends on how badly you were injured, as well as the circumstances of the battery.
If you think you have a case that could get you a large or moderate amount of money, it is usually worth it to file a civil suit. If you weren't injured badly or at all, and it would be difficult to prove your rights were violated, you may decide pursuing a civil case isn't worth the time, money, and effort of doing so. Your personal injury lawyer can advise you on whether you should file a suit and how much compensation money you may receive.
You can always bring a criminal case against someone who commits a battery against you. You may also decide to bring a civil suit. As long as you follow the rules in Florida and your personal injury attorney, like one from Hardee and Hardee LLP, agrees you have a case that is worth pursuing, go ahead and file today. You deserve compensation.