Clearwater Assault Injury Lawyer

NOTE: Our law firm does not handle assault injury cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.

After a physical attack, you’re left with more than just physical injuries. You face questions about your rights and what comes next. A successful civil claim provides the resources you need to address the harm you’ve suffered. A qualified Clearwater assault lawyer can help you seek accountability.

Roman Austin Car Accident and Personal Injury Lawyers is prepared to relentlessly pursue the compensation that aids your recovery. Call us today at (727) 787-2500 to discuss your case.

Why Choose Roman Austin Car Accident and Personal Injury Lawyers For Your Clearwater Assault Claim?

How Roman Austin Car Accident and Personal Injury Lawyers Can Help With an Assault Injury Claim in Clearwater

Roman Austin Car Accident and Personal Injury Lawyers provides dedicated and focused representation for victims of assault. We commit our resources and experience to building a strong case on your behalf.

We Reconstruct Your Case With Precision

Our approach is methodical and detail-oriented. We treat each case like a delicate archaeological site, where the truth must be carefully uncovered. We meticulously excavate the facts, assemble evidence, and reconstruct the sequence of events to present a clear and compelling narrative. 

Your Clearwater assault lawyer will establish the full extent of the harm you experienced.

A Deep Connection to the Clearwater Community

Our firm is deeply rooted in Pinellas County. We live and work here, giving us a genuine connection to the people we represent. We aren’t a national firm that sees your case as just another file. 

Whether you were assaulted near Coachman Park, the Cleveland Street District, or anywhere in the surrounding neighborhoods, we know the area and we serve its residents.

A Record of Success

Our history of results speaks to our dedication. We focus on securing outcomes that allow our clients to move forward. We believe in direct, clear communication and a relentless pursuit of justice for those harmed by intentional acts. 

Our lawyers have a firm grasp of the tactics used to deflect blame, and we counter them with facts and legal precision.

Your fight for accountability starts now. Call (727) 787-2500 to reach the team at Roman Austin Car Accident and Personal Injury Lawyers.

Establishing Liability in an Clearwater Assault Claim

A civil assault claim is separate from any criminal charges. It’s a legal action you initiate to recover compensation directly from the person who harmed you. The success of this claim depends on establishing the defendant’s liability through clear evidence.

An assault or battery wasn’t an accident; the person intended to perform the act that caused you harm. Your legal team works to demonstrate this intent and connect it directly to your injuries and other damages.

We assemble all available proof to build the foundation of your case, and your account of what happened is a vital piece of this structure. We then support it with independent evidence to create a solid and persuasive claim for compensation. 

Assembling the Evidence for Your Assault Case

Evidence is the bedrock of any successful assault claim. Without strong proof, holding the responsible party accountable for their actions is extremely difficult. An experienced Clearwater assault lawyer knows how to locate and use different forms of evidence to build a robust case.

Physical and Documentary Evidence

Tangible proof often provides the strongest support for your claim. This includes anything that can physically demonstrate the events of the assault and the resulting damages. We work to gather all relevant documentation to substantiate your claim.

Here are common forms of evidence we pursue:

  • Photographic and Video Evidence: This includes photos of your injuries immediately after the incident and videos from security cameras, bystanders, or doorbell cameras that captured the event.
  • Police and Incident Reports: An official police report contains the responding officer’s observations, witness information, and sometimes an initial determination of fault.
  • Medical Records: Your complete medical file documents the extent of your injuries, the treatments you received, and the projected future care costs.
  • Pay Stubs and Employment Records: These documents are essential to demonstrate the income you lost from being unable to work during your recovery.

Witness Testimony

Independent witnesses can be incredibly valuable. People who saw the assault can corroborate your version of events. Their testimony provides an objective viewpoint that strengthens your credibility. A credible witness often makes a significant difference in settlement negotiations or at trial.

We contact witnesses identified in police reports or discovered through our own investigation. We conduct detailed interviews to understand what they saw and heard. This allows us to assess the strength of their potential testimony and how it fits into the larger narrative of your case. 

Distinctions Between Civil and Criminal Assault Cases

Many people are confused about the relationship between criminal charges and a civil lawsuit for assault. While they both stem from the same event, they’re two separate legal processes with different objectives. The government brings a criminal case, while you, the victim, bring a civil case.

A criminal case aims to punish the defendant for breaking the law. If convicted, the penalties can include fines, probation, or jail time. The focus is on public justice and penalizing the wrongful act.

A civil case, on the other hand, aims to compensate you for the harm you suffered. The goal is to recover monetary damages for your medical bills, lost income, and pain and suffering. A Clearwater assault lawyer files this type of lawsuit on your behalf.

The Different Burdens of Proof

One of the most significant differences lies in the burden of proof. In a criminal case, the prosecutor must prove the defendant’s guilt “beyond a reasonable doubt.” This is a very high standard, requiring the jury to have a near certainty of guilt.

In a civil case, the standard is much lower. We must prove your case by a “preponderance of the evidence.” This means we only need to show that it’s more likely than not that the defendant is responsible for your injuries. 

A defendant can be found not guilty in criminal court but still be held liable for damages in civil court because of this lower standard of proof.

Compensation Available in a Florida Assault Lawsuit

The purpose of a civil lawsuit is to recover compensation for the various ways the assault has impacted your life. These damages fall into several categories, each designed to address a specific type of loss. A comprehensive claim seeks to account for every consequence of the attack.

Your legal team will carefully document all of your losses to demand a fair and complete settlement. Roman Austin Car Accident and Personal Injury Lawyers fights for you to receive the resources needed to manage your recovery.

Recovering Your Economic Losses

Economic damages are the tangible financial costs you incurred because of the assault. These are specific, calculable expenses with clear documentation like receipts and bills. They form the financial foundation of your claim.

These quantifiable damages often include:

  • Medical Expenses: This compensation is for all hospital stays, doctor visits, surgeries, medication, physical therapy, and any other medical treatment.
  • Future Medical Care: Compensation may cover the projected cost of any ongoing or future medical needs, such as additional surgeries, long-term therapy, or assistive devices.
  • Lost Wages: You may be reimbursed for the income you lost while you were unable to work during your recovery period.
  • Loss of Earning Capacity: You may seek payment if your injuries permanently affect your ability to earn the same level of income as you did before the assault.
  • Property Damage: Your claim may include the cost to repair or replace any personal property that was damaged during the attack, such as a phone, glasses, or clothing.

Accounting for Non-Economic Damages

Non-economic damages compensate you for the intangible, personal losses resulting from the assault. These harms do not have a specific price tag but are very real. Florida law recognizes that these subjective losses merit compensation.

Our Clearwater assault attorneys work to demonstrate the severity of these personal impacts:

  • Pain and Suffering: You may pursue compensation for the physical pain and emotional distress you have endured because of the assault and your injuries.
  • Emotional Anguish: You may recover damages for anxiety, depression, fear, sleep disturbances, and other psychological impacts of the trauma.
  • Loss of Enjoyment of Life: This compensation addresses the inability to participate in hobbies, activities, and experiences you previously enjoyed.

The Role of Punitive Damages

Unlike the other economic and non-economic damages, punitive damages aren’t meant to compensate you for a loss. They’re intended to punish the defendant for particularly reckless or malicious behavior and to deter similar conduct in the future.

Florida law places strict caps and requirements on punitive damage awards. They’re only awarded when the defendant’s conduct was grossly negligent or intentionally malicious. Your attorney can evaluate if the circumstances of your case warrant a claim for these exemplary damages. 

A claim for punitive damages sends a strong message that the defendant’s actions were unacceptable.

Actions To Take Following an Assault in Clearwater

Each year about 398 violent crimes are reported in Clearwater alone–meaning that Clearwater is only safer than about 18% of U.S. cities. What you do after an assault can influence your ability to bring a successful claim. Taking specific steps helps preserve evidence and protect your legal rights. 

Here are important steps to take:

  • Report the Incident: Always file a report with the local police department, such as the Clearwater Police Department or the Pinellas County Sheriff’s Office.
  • Document Everything: Take photographs of your injuries and any property damage. Write down everything you remember about the incident as soon as possible.
  • Keep All Records: Preserve all medical bills, expense receipts, and correspondence from your employer about missed work.
  • Avoid Social Media: Don’t post details about the assault or your recovery on social media platforms, as these posts can be used against you.
  • Consult a Lawyer: Speak with a Clearwater assault lawyer before you give any statements to an insurance company or the assailant’s representatives.

FAQ for Clearwater Assault Lawyer

Can I Sue Someone for Assaulting Me in Florida?

Yes, you can file a civil lawsuit against someone who assaults you in Florida to seek compensation for your injuries and other damages. This action is separate from any criminal charges the state might pursue. 

A civil claim allows you to hold the person financially responsible for the harm they caused, including medical bills, lost income, and pain and suffering.

What Is the Difference Between Assault and Battery in a Civil Case?

In civil law, assault and battery are distinct but related intentional torts. An assault occurs when a person’s intentional act creates a reasonable fear of imminent harmful or offensive contact. A battery involves the actual deliberate and unpermitted contact itself. 

Assault and battery are often lumped together in a lawsuit because an attack usually involves both the threat (assault) and the physical contact (battery).

How Long Do I Have To File an Assault Lawsuit in Florida?

Florida generally allows you two years from the date of the incident to file your claim. This deadline is known as the statute of limitations. Act quickly and contact a Clearwater assault attorney immediately, as failing to file in time will almost certainly prevent you from recovering compensation.

What if the Person Who Assaulted Me Wasn’t Convicted in Criminal Court?

You can still have a successful civil lawsuit even if the person who assaulted you was acquitted or never charged in criminal court. The burden of proof is much lower in a civil case than in a criminal case. This makes it possible to hold an assailant financially liable even without a criminal conviction.

Why Do I Need a Clearwater Assault Lawyer if the State Is Already Prosecuting?

A criminal prosecution handled by the state attorney focuses on punishing the offender, not compensating you for your losses. A prosecutor represents the state, not you personally. 

To recover damages for your medical bills, lost wages, and suffering, you must file your own civil lawsuit; a Clearwater assault lawyer guides you through the process and advocates for your personal financial interests.

Restore Your Future

The person who harmed you created a chaotic and damaging event in your life. Our job is to excavate the truth from that chaos and reconstruct a case that clearly shows what you have lost. 

You don’t have to let this event define your future. Let Roman Austin Car Accident and Personal Injury Lawyers help you rebuild. Contact us for a free consultation at (727) 787-2500.

Our Clearwater injury lawyers also provides:

Visit Our Personal Injury Law Office in Clearwater, FL

Roman Austin Car Accident & Personal Injury Lawyers
1811 N Belcher Rd. suite i-1,
Clearwater, FL 33765
Phone: (727) 787-2500
Business Hours: 24/7

Ride there with Uber