Victim of Attack on Properties
Not all injury claims arise from accidents or negligence. Direct assaults on a person or their property can also lead to a claim for damages. If you sustain injuries during a criminal event such as an assault or a robbery, you have the right to recover your damages even if you were not the direct victim. If your property is damaged because of someone’s illegal act, such as vandalism, you are also entitled to compensation. A Broward County victim of attack on property attorney can help you recover damages from someone who assaults you even if the incident does not lead to criminal liability.
The law allows claims for assault, battery, and trespass in the civil court system. Assault, as defined for civil claims, involves intentionally causing a person to reasonably fear harmful contact or injury. It does not necessarily require actual contact. Threatening a person with a weapon, or even just making threats in a way that would reasonably put a person in fear of harm, could constitute an assault.
Battery is an actual harmful or offensive contact. An assault, as defined above, can lead to a battery if the person follows through on their threat. A battery can also occur without a preceding assault, such as if a person strikes another person without warning. It could also be contact with something controlled by the person, such as a car. A battery need not be an act of violence like a punch or stab. Any contact reasonably deemed “offensive” could constitute a battery.
Trespass involves intentional intrusion on someone else’s property. This can range from stepping onto someone’s land to deliberately damaging someone’s property. Another civil claim, which involves intentionally taking someone else’s property, is known as conversion and is similar to the criminal offense of theft. To prevail on any of these claims, an injured person must prove actual damage, such as medical bills or property damage.
These claims are different from their corresponding criminal offenses. Criminal cases are brought by prosecutors who work for the government and represent the people of their jurisdiction, and the goal of the case is determining guilt and punishment. Criminal cases require proof of guilt beyond a reasonable doubt, the highest standard of proof under the law. Civil claims for assault or battery are brought directly by the injured person, with the goal of recovering compensation for damages. The injured person must prove to a judge or jury that the defendant committed the assault or battery by a preponderance of the evidence, meaning that it is more likely than not that the defendant committed the injurious action. This is a much lower standard of proof that applies in the civil court system.
Our lawyers will investigate the incident that led to your injuries and assess and evaluate your damages. Because these claims require proof that the defendant acted intentionally, it is important to gather all available evidence, including witnesses to the incident and information about the defendant, to help your claim.
The Pompano Beach victim of attack on property attorneys at Goldman & Daszkal, P.A., protect the rights of Floridians who are victims of attacks on their persons or properties. Contact the firm through this website or at 954-428-9333 for a free and confidential consultation.