Can I File a Lawsuit Against an Attacker for Assault and Battery? By Moody Law | Personal Injury Attorneys on February 27, 2024

A doctor bandaging a patient’s hand

If you were physically attacked by another individual, the first thing I want to say is I’m sorry you endured this. Nobody deserves to be assaulted by anyone.

The second thing I have to say is that as a personal injury attorney, I am here to help you explore your civil legal options for seeking compensation for your harm. In this short blog post, I will explain what routes you can take in suing your attacker for assault and battery and how I can help victims of battery in Lakeland and Winter Haven, FL.

Yes, You Can Sue Your Attacker

If you were assaulted by another individual, you can absolutely sue them to seek compensation for your bodily injury and many other losses. This type of a lawsuit is filed in civil court and can be pursued before, during, or even after any criminal law proceedings your attacker is involved in.

According to Title VIII Chapter 95 of the Florida Legal Code, victims of assault and/or battery have a full four years from the date of their attack to file a lawsuit.

Assault Compensation Covers Many Areas

During an assault lawsuit, I will seek compensation on your behalf for a broad array of damages.

First and foremost, we will try to collect money to reimburse you for your past and future medical expenses. We can also obtain compensation for any lost income or wages you incurred as a direct result of your attack. Finally, I can also seek non-economic damages such as compensation for your emotional distress and mental anguish.

We Can Also Seek Punitive Damages

The types of compensation discussed in the section above are all compensatory damages – the standard form awarded in any civil case. There is another rarely awarded category known as punitive damages, which can be sought and granted in assault lawsuits.

Punitive damages are awarded to punish and set an example of especially egregious behavior. According to Chapter 768 of the Florida statutes, punitive damages can be unlimited in cases where the attacker had a specific intent to harm you and they carried out this violent intent.

The Standards of Proof

In any criminal proceeding, the defendant’s illegal behavior must be proven beyond reasonable doubt. In a civil lawsuit, like those that I handle, the threshold for a winning case is lower, as the standard we must meet is demonstrating that it is more likely than not that the defendant caused your harm.

This means that we may be able to win your civil lawsuit and collect compensation even if your attacker is found not guilty of their criminal assault charges.

Request Your Complimentary Consultation

I offer free consultations for my potential clients. I do this so victims of negligence and violence in the Lakeland and Winter Haven areas can speak to a proven civil attorney at absolutely no financial risk.

Throughout my career, I have won millions of dollars in compensation for my clients and earned major media features from many outlets, including NBC's The Today Show. Reach out for my compassionate help in seeking compensation and closure for your attack.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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