Orlando Assault and Battery Attorneys -- Civil Justice for Victims

The Difference Between Assault and Battery

Assault and battery are two distinct legal concepts that are frequently mentioned together because they often occur in the same incident. Understanding the difference matters for understanding what happened to you and what claims are available. 

Assault

In Florida civil law, assault is the intentional act of creating a reasonable apprehension of imminent harmful or offensive contact in another person. Put simply, assault is the threat. If someone moves toward you aggressively, raises a fist, or makes a credible verbal threat while positioned to act on it, that conduct may constitute civil assault even if they never actually touched you. The key elements are intent, the reasonable apprehension of harm, and the apparent ability to carry out the threat.

Battery

Battery is the intentional harmful or offensive physical contact with another person without their consent. Battery is the act of touching or striking someone in a way that causes harm or is reasonably offensive, and it does not require that the contact caused serious physical injury. A shove, a slap, a punch, or any other intentional unwanted physical contact that is harmful or offensive can constitute battery under Florida civil law.

How They Work Together

In many situations both claims apply. A person who threatens you and then strikes you has committed both assault and battery. In other situations only one applies. A person who attacks you without warning may have committed battery without a preceding assault. A person who makes a credible threat but is restrained before they can act may be liable for assault but not battery. Our attorneys evaluate the specific facts to determine which claims apply to your situation.

Civil vs. Criminal Assault and Battery Cases -- Understanding the Difference

The most obvious defendant in a civil assault and battery case is the person who physically attacked you. But depending on the circumstances of the attack, other parties may also bear civil responsibility.

The Individual Attacker

The person who assaulted or battered you is directly liable for their intentional conduct. A civil judgment against them can require them to pay compensatory and potentially punitive damages. The challenge in cases where the attacker has limited financial resources is collecting on that judgment, which is why identifying other responsible parties is often strategically important.  

Employers and Organizations

If the person who attacked you was acting in the course of their employment or within the scope of their authority as an agent of an organization, the employer or organization may share liability. A bouncer who uses excessive force, a coworker who attacks a colleague on the job, or a service provider who assaults a customer may give rise to claims against the employing business as well as against the individual. These cases often overlap with negligent supervision claims.

Property Owners Through Negligent Security

If the attack occurred at a business, apartment complex, parking facility, or other property where inadequate security measures created the conditions for the attack, the property owner may bear liability through a negligent security claim alongside the direct assault and battery claim. These two theories of recovery are complementary and are frequently pursued together.

What Damages Can Assault and Battery Victims Recover?

Florida civil law allows assault and battery victims to pursue the full range of damages that reflect the harm they have suffered. Because these claims involve intentional wrongful conduct rather than negligence, the damages available can be particularly significant.

• Medical expenses for all treatment required as a result of the attack, including emergency care, surgery, hospitalization, physical therapy, dental work, reconstructive procedures, and any ongoing or future care your injuries require
• Mental health treatment costs for therapy, counseling, and any other psychological care needed to address the trauma, fear, anxiety, or post-traumatic stress disorder that frequently follows a violent attack
• Lost wages for all time missed from work during your recovery and any time required for legal proceedings
• Loss of future earning capacity if your injuries have permanently affected your ability to perform your job or work at your prior level
• Pain and suffering for the physical harm caused by the attack from the moment it occurred through your full recovery
• Emotional distress for the psychological impact of being physically attacked, including fear, humiliation, and the lasting effect on your sense of personal safety
• Permanent scarring and disfigurement if the attack caused lasting physical harm to your appearance
• Punitive damages, which are particularly available in assault and battery cases because the conduct was intentional. Florida courts can award punitive damages when the defendant's behavior was willful, wanton, malicious, or demonstrated a conscious disregard for the rights and safety of others. These damages are designed to punish the wrongdoer and deter similar conduct in the future.
  

How We Handle Your Civil Assault and Battery Case

Building a strong civil assault and battery case requires gathering and preserving evidence quickly, identifying all potentially liable parties, and framing the claim in a way that captures the full scope of what the attack has cost you. Our attorneys approach each case with a clear strategy from the beginning.

• We obtain police reports, witness statements, and any available surveillance footage documenting the attack and the circumstances surrounding it
• We work with your medical providers to document your injuries thoroughly and establish the connection between the attack and your treatment needs
• We evaluate whether other parties beyond the attacker share liability, including employers, property owners, and any organizations whose negligence contributed to the attack occurring
• We assess the attacker's financial resources and any available insurance coverage to identify realistic paths to actually collecting any judgment or settlement
• We monitor related criminal proceedings and use any evidence or findings from those proceedings that can strengthen your civil case
• We handle all communications with insurance companies and defense attorneys so you can focus on your physical and emotional recovery

Frequently Asked Questions About Civil Assault and Battery Claims in Florida

Can I sue for assault and battery if the attacker was not criminally charged?

Yes. The decision to bring criminal charges rests entirely with the state prosecutor and is independent of your right to pursue a civil claim. If the prosecutor declines to charge, if charges are dropped, or if the attacker was never identified to law enforcement, none of those outcomes prevents you from filing a civil lawsuit. You bring the civil claim yourself, through your attorney, and the standard of proof you must meet is lower than the criminal standard of beyond a reasonable doubt.

What if the criminal case is still ongoing when I want to file a civil claim?

Yes. A criminal acquittal does not prevent you from bringing or winning a civil claim. The criminal standard of proof is beyond a reasonable doubt, which is the highest in the legal system. The civil standard is preponderance of the evidence, which means more likely than not. It is entirely possible for a defendant to be acquitted in criminal court because the prosecution could not meet the higher burden and still be found liable in civil court where the standard is lower. Your civil claim is independent of the criminal outcome.

What is the statute of limitations for a civil assault and battery claim in Florida?

In Florida, the statute of limitations for intentional torts such as assault and battery is four years from the date of the incident. This is longer than the two-year window that applies to negligence-based personal injury claims, which is important to know if you have been told your time to pursue a claim has passed. There are some exceptions that may apply depending on the circumstances, including cases involving minors or cases where the identity of the attacker was not immediately known. Contact an attorney to confirm the specific deadline that applies to your situation.

What if the person who attacked me has no money or assets to pay a judgment?

This is a real and practical concern in assault and battery cases. Our attorneys evaluate this question at the outset of every case. If the attacker has limited resources, we look carefully at whether other parties share liability, including employers, property owners, or organizations whose negligence contributed to the attack. We also examine whether any insurance coverage applies, including homeowners insurance, business liability insurance, or other policies that might cover an intentional tort in certain circumstances. Identifying every realistic source of recovery is part of how we approach these cases.

Do I need to have been physically injured to have a civil battery claim?

Not necessarily. Civil battery in Florida requires intentional harmful or offensive physical contact, but the contact does not have to cause serious physical injury. An offensive touching, even one that causes minimal physical harm, can still give rise to a civil battery claim if it was intentional and unwanted. That said, the severity of your physical and psychological injuries is highly relevant to the amount of damages you can recover. Cases involving serious injuries support significantly larger damage claims than those involving minor or no physical harm.

Can a business be held liable if I was attacked by one of its employees?

Yes, in certain circumstances. If an employee commits an assault or battery in the course of their employment, their employer may be liable under the doctrine of respondeat superior. Even if the conduct was outside the strict scope of employment, the employer may still face liability under a negligent hiring or negligent supervision theory if they knew or should have known the employee posed a risk of violent behavior. Businesses that employ security personnel, bouncers, or others in roles that involve physical authority have heightened obligations to screen and supervise those employees appropriately.

Contact Our Orlando Assault and Battery Attorneys Today

If you were physically attacked in Orlando or anywhere in Florida, the civil justice system gives you a path to hold the responsible party accountable and recover the compensation you need to address the real costs of what was done to you. You do not have to wait for a criminal case to resolve to pursue that path, and you do not have to accept that a criminal acquittal is the final word.

The Dill Law Group offers free consultations with no obligation. We handle civil assault and battery cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Call us today and let us tell you honestly what your options are.

Call The Dill Law Group at (407) 367-0278 or fill out the contact form on this page to schedule your free consultation.