When you are the victim of an assault, you may be able to collect damages through a personal injury claim. To win your case, you will need to prove that the assailant had the intent to harm you and that you suffered actual, physical injuries as a result. In this blog post, we will discuss how to go about proving an assault in a personal injury case.
What Constitutes an Assault?
Under Florida law, an assault is defined as an intentional, unlawful threat by word or act to do violence to you, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in you that such violence is imminent. In order for there to be an assault, there does not need to be any actual, physical contact between the assailant and the victim. The threat of violence is enough.
Proving Intent
In order to win your Brandon, FL case, you will need to prove that the assailant had the intention of harming you. This can be difficult to do if there was no physical contact between you and the assailant. However, there are certain circumstances where it can be inferred that the assailant had the intention of causing you harm. For example, if the assailant was showing you a weapon during the incident, this would be strong evidence of their intent to cause you harm. Other evidence of intent could include threats made by the assailant prior to the incident or statements made by the assailant after the incident in which they admit their intention to cause you harm.
Proving Actual Physical Injury
It is much easier to prove that you suffered actual, physical injuries as a result of the assault. This can be done by presenting medical records, pictures, and/or testimony from witnesses who saw your injuries immediately after the incident occurred. It is important to note that even if your injuries are not visible to the naked eye, you may still be able to recover compensation for them. For example, if you suffer from anxiety or PTSD as a result of the assault, these can also be considered “injuries” for purposes of a personal injury claim in Brandon, FL.
Assaults can happen anywhere at any time. If you have been the victim of an assault, it is important to seek legal help as soon as possible so that your rights can be protected. The Brandon, FL personal injury attorneys at Bulluck Law Group have experience handling all types of assault cases and will work tirelessly on your behalf to get you the compensation that you deserve under Florida law. Contact us today for a free consultation.