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Battery and Personal Injury Claims

What is battery?

Most personal injury claims are filed over accidents such as car crashes or slip and fall situations, but in some cases the action that caused the harm is intentional. Battery is an example of an intentional tort, in which the victim typically sues the offender, requesting compensation for injuries, as well as other damages that resulted from the incident. In Florida, the term battery refers to “any actual and intentional touching or striking of another person against that person’s will or the intentional causing of bodily harm to another person.” In cases regarding battery, physical contact is required, but direct contact is not.

You are a victim of battery, now what?

If you are a victim of battery in Florida, you can file a personal injury claim against your attacker and receive a compensation for the damage caused. You can also press charges, causing the offender to face criminal consequences. There are several elements that must be present if you plan on seeking compensation from an individual for battery, such as, proof that you did not consent to the contact, the contact was offensive or harmful and the contact was intentional. It is decided that an action is intentional if the defendant intended to strike the person or engage in conduct where he or she knows that a touch or strike “is substantially certain to result from the acts.” Battery and the resultant harm may be exemplified in several legal ways; direct and immediate (offender pushes victim), indirect and immediate (offender throws an object and hits the victim) and indirect and remote (offender sets a booby-trap for the victim).

It is recommended that you seek counsel and advice from a personal injury attorney who can help you in these circumstances. The advice of an attorney is key to holding someone responsible for damages caused intentionally, and to assist in the collection of any judgment awarded. Our firm has extensive experience in representing personal injury victims and can provide you with legal research and guidance for your case. Give us a call today at 1-833-DARFOOR for a free consultation regarding your rights under Florida law.

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