Under Florida law, assault and battery are two separate actions that are tried differently in court, though they are often linked together. Assault and battery are intentional torts, meaning that it is a wrong that was intentionally caused by a person or persons, resulting in damage to another.

Assault is a threat to inflict injury by someone who is capable of hurting you, whereas battery is when actual violent physical contact is made. Unlike other personal injury cases that are caused by accident (slip and fall, dog bites, car accidents, etc), assault and battery are intentional. The person inflicting the injury is fully aware of what he or she is doing. Battery and assault usually stem from one another, but it is possible for assault to occur without battery and vice versa.

If you are a victim of assault and/or battery in Florida, you can file a personal injury claim against your attacker and receive a compensation for the damage caused. You can also press charges, so that the person will face criminal consequences.

Florida’s Legal Definition of Assault

Florida law statutes define assault is a threat to inflict injury by someone who is capable of fulfilling the threat. Aggravated assault occurs when the accused has a weapon which is used to threaten the victim. For example, if someone threatens you while holding you at gunpoint, but does not fire the gun, it is considered aggravated assault.

When you file a claim against someone for assault, you must prove that the person demonstrated a clear intent to harm you in some way, thus evoking fear or apprehension. As long as there is a serious threat and you have a reasonable cause to believe that you are in danger of imminent injury, it is considered assault. You do not need to provide any evidence of unwanted violent physical contact.

In defense, the accused may declare that the threat was merely a joke or a prank and that there was no criminal intent. Your lawyer must provide evidence that the accused actually meant to carry out the threat and demonstrated the same through a gesture or words.

Florida’s Legal Definition of Battery

Intentionally inflicting injury on another person is considered as battery, according to Florida law. Aggravated battery involves using a deadly weapon to inflict injury on another person or causing an extreme injury, like permanent disability, loss of eyesight, or death, for example.

Battery can take many forms. To illustrate, if you are walking on the street and someone comes up from behind you and injures you before mugging you, it is considered battery. Battery can also be as simple as someone pushing you on purpose. An example of battery, combined with assault, is when someone threatens you to get your money and then goes on to gravely injure you with a weapon.

To file a claim for battery, you must prove that the assailant attempted to and intended to physically harm you. The physical contact that caused injury can be direct or indirect. For example, if the offender attempts to injure you with a stick or by throwing a rock, it is indirect contact; if the offender injures you by kicking, slapping, or other such violent actions, then it is considered direct contact. However, if the injury was caused unintentionally or by accident, it does not count as battery. Battery must be intentional and also includes crimes like rape and molestation.

Further, you do not necessarily have to be gravely injured to file a claim for battery. After being attacked, you may or may not have suffered serious injuries. Battery charges only require you to prove that the assailant attacked you and attempted to injure you.

In some cases, the accuser consents to the event that caused the injury, so it is not battery. For example, in sports like wrestling and boxing, the players are aware that they are going to be injured and consent to it. In such a case, you cannot file a claim for battery unless the accused breaks the rules of the game with the intention of causing injury. An example might be using a weapon to cause serious injury in wrestling match where weapons are not permitted.

To prove battery, you don’t need evidence of initial apprehension. The assailant could have attacked you out of the blue. In such a case, you can file a suit for battery but not for assault.

Assault and Battery as Criminal and Civil Cases in Florida

Assault and battery cases may be brought to court under Florida criminal law as well as civil law. Criminal cases have a greater burden of proof than civil cases. In a criminal case, the individual accused of assault and/or battery can be penalized for his illegal actions by the court. Separate from the criminal case, a civil or personal injury suit may be filed to force the accused to financially compensate his or her victim for the injuries that they caused.

It is important to know that in Florida, each of these cases are regarded as separate and distinct. The outcome of the criminal case will in no way affect the civil suit and vice versa. If the accused is declared not-guilty in the criminal suit, it does not mean that you cannot file a civil suit and prevail in it.

Has You or Someone You Loved Been a Victim of Assault and/or Battery?

If you or a loved one have been subjected to threats, actual physical harm, or both, then you may have a strong personal injury case and would be wise to hire an experienced personal injury attorney. In some cases, the assailant may threaten you against taking legal action, but you should not give in to these threats. You must gather all available evidence to prove your case and be prepared for any defenses that the accused may present. The defendant may claim that the injury was caused by accident and that it was not intended, so every piece of evidence that you can collect is important.

The injuries from battery can be very severe and may even lead to death, whereas assault can cause extreme stress, fear, and apprehension. In a successful assault and battery case, the accused will have to compensate for any damage that was caused, including medical bills, lost wages, and the cost of therapy that the victim might need in traumatic cases.  Apart from this, you can also claim punitive damages, which is monetary compensation greater than the amount of losses suffered, intended to punish the individual who harmed you and deter them from committing future crimes of a similar nature.

Contact a skilled Miami, FL personal injury lawyer at Madalon Law to learn more about your case and how we can help you recover compensation for your physical and psychological injuries and damages.

Flint, Michigan has been the news in recent months for the horrible drinking water problems it is experiencing.  While Flint may be getting the headlines, it is not the only area with contaminated drinking water – we have our own contaminated water problems right here in the state of Florida.

History of Contamination in Florida

Extensive groundwater continuation was discovered in wells in Florida in the early 1980s.  Specifically, the wells were contaminated with the chemical ethylene dibromide (EDB).  This led to widespread public attention to issues surrounding the quality of water in Florida’s private wells.  The Florida Department of Health (DOH) investigates wells and other areas that may be at risk following a chemical spill.  If the water level is found to be contaminated above an acceptable level, DOH will provide an alternative water source.  These levels are referred to as the Maximum Contamination Level (MCL) or Health Advisory Level (HAL).

Private Wells In the State of Florida

Approximately 20 percent of Florida’s residents receive their water from private wells.  In the state of Florida, all public water systems must conduct routine testing to determine if that water meets the state’s drinking water system.  However, private well owners are responsible for ensuring the quality of their own drinking water.

Contaminated drinking water causes thousands of cases of illness annually according to the Federal Centers for Disease Control and Prevention (CDC).  It causes a number of diseases and can even be fatal.  Two of the most common contaminants are nitrate and microbes.

Water contaminated by high levels of nitrate in drinking water is particularly dangerous to infant children.  If the baby consumes the contaminated water, it reacts with the baby’s hemoglobin in the blood.  It then causes an anemic condition referred to as the “blue baby syndrome.”

Microbes, or bacteria, are frequently not harmful.  However, their presence may be an indication that other parasites, viruses or harmful bacteria are also present.  The most common symptoms caused by harmful bacteria in drinking water are nausea, vomiting and diarrhea.

Private well owners must properly maintain their well and water system.  This includes performing regular water quality testing.  Take the steps necessary so your private water supply remains healthy and safe.

Public Water Systems in the State of Florida

Public water systems are subject to the Federal Safe Drinking Water Act (SDWA).  This program is administered by the federal Environmental Protection Agency (EPA).  In the state of Florida, the EPA has delegated this to the Florida Department of Environmental Protection (FDEP).  The FDEP has entered into an agreement with the Florida Department of Health (FDOH).  The Public Drinking Water Systems Program is tasked with implementing the SDWA program in eight of the largest counties in Florida.  These counties include Miami-Dade, Lee, Polk, Sarasota, Broward, Volusia, Palm Beach and Hillsborough.

If you have concerns about the public water system affecting your home, first contact your public water utility.  If that does not resolve the issue you may contact the regulatory agency.  In the state of Florida, in most counties this would be the FDEP.  However, if you live in one of the eight counties listed about, that regulatory agency would be the FDOH.

New Rule?

A new water quality rule was approved by the governor’s Environmental Regulation Commission.  It passed with a 3-2 vote and has been controversial.

The new rule would update limits on 43 chemicals and impose limits on 39 additional toxins dumped into Florida’s streams, rivers and coastal waters.  This rule would update Florida’s the standards for water quality in Florida for the first time in the past 25 years.  It would allow for 23 toxins, 18 of which are carcinogenic, to be dumped into the waters.  The chemicals are released by agriculture, dry cleaners, wastewater treatment plants, pulp producers, paper producers, oil and gas drilling companies and electricity plants.

A minimum of 10 – and potentially more – of the chemicals will be allowed to be dumped into sources of drinking water in amounts over the levels of current standards for drinking water.  As a result, the water utility companies will have to remove the chemicals before supplying it to consumers.

The state of Florida allows industries to discharge toxins in bodies of water every day based on permits.  Those industries self-report to DEP if they are meeting allowed discharge goals.  DEP will order action for correction if it believes a company exceeded its allowed amounts of toxic discharge.  Regulators for the state of Florida test its bodies of water only once every five years.

Some have pointed out that the impact of the rule on private wells is unclear.  Water from wells is not cleaned by the water utilities.  Instead, it goes straight to the homeowners’ taps.

My Water Tastes Funny – Does That Mean It Is Contaminated?

Not necessarily.  People in Florida often complain that their water “tastes funny.”

Generally speaking, this bad flavor is a result of common contaminants found in Florida drinking water.  These contaminants are not harmful or toxic and therefore are not regulated.  The contaminants only affect the taste of the drinking water.

If your water tastes salty or bitter, that is probably a result of high amounts of minerals in Florida’s water.  These can include sodium, magnesium, calcium, carbonate, sulfate, hydrogen carbonate and nitrate anions. Many minerals are great for your health!

If your water tastes metallic it probably is from high levels of metal.  These can include iron, copper, manganese and zinc.  Metallic tasting water may indicate that you need new plumbing.

If your water tastes like bleach, it is probably the result of chloramine.  Chloramine is frequently used to clean water.

Reach Out to the Lawyers at Madalon Law About Your Contaminated Water Concerns

If you believe that your water may be contaminated, contact the lawyers at Madalon Law.  Our determined Florida personal injury attorneys are available to meet with you to discuss the specific facts and circumstances of your case.  If you are the victim of contaminated drinking water, you may be entitled to compensation.  The lawyers at Madalon Law can assist you in forging ahead with a suit or other action as may be appropriate to protect you and your children.

Testifying in a trial is a stressful and nerve-wracking experience.  It is crucial that you be as prepared as possible before you testify.  Preparation will make testifying much less stressful.  The Department of Justice offers some tips for testifying in court that you may refer to.  While written for the victim witness, these tips are helpful for all people who may testify.

Meet with Your Attorney

It is important that you and your attorney are on the same page.  You need to know what your attorney’s theory of the case is.  While you may find the color of the car that hit you to be critical to your case, your attorney may want you to focus instead on the driver’s conduct.  Meeting with your attorney ahead of trial will assist both you and your attorney.

Review your deposition and any police reports.   If this is a personal injury case, review your personal injury diary.

Practice testifying with your attorney.  You should practice your direct examination, which will be conducted by you attorney when you are on the stand.  You should also practice cross examination, which will be conducted by opposing counsel.  If your attorney is fully prepared, he or she will know what questions will likely be asked on cross examination.  You should also be comfortable with any exhibits your attorney plans on introducing through you while you are on the stand.  In order to be comfortable, you should review those exhibits in your attorney’s office.

Practice does not mean memorization.  You want to come across as conversational, not overly prepared.  Familiarize yourself with your case, reviewing your file with your attorney.

Decide what clothes you are going to wear and make sure those clothes are cleaned and pressed.

Go to the Courthouse in Advance

It can be helpful to drive to the courthouse prior to the day of trial.  Drive at the same time you will be driving on the day of trial.  This will give you an idea of traffic patterns and how long it can be expected to take you to drive to the courthouse.  Check out the parking situation as well.

If you can get into the courthouse, it can be helpful to go find your courtroom.  Locate the restrooms, water fountain, vending machines and anything else you might need.

When You Are Testifying

You must be honest when you are testifying.  You are under oath.  The other attorney will be questioning you and if he or she catches you in a lie, you will lose all credibility.  In personal injury cases the most common mistakes people make include overstating their levels of pain, and understating their levels of pain.

Make sure you dress appropriately.  If you are unsure about what to wear, ask your attorney.  Dress so jurors and the judge know that you are taking this matter seriously.  Piercings and tattoos should not be on display, if possible.

Remember that you are being observed even when you are not on the stand.  This includes your body language while you are seated at counsel table, next to your attorney.  Do not make faces or roll your eyes.  You may also be observed outside of the courtroom.  This can be in the hallway, in the bathroom, at lunch or in the parking lot.  Do not interact with jurors, other attorneys or witnesses.

It is important to always remain respectful.  The other attorney may frustrate you, but it is important that you remain calm and courteous.  You should also be respectful of your own attorney.  Obviously, you must also respect the judge.

If you do not understand a question, say so.  Even the most experienced attorneys sometimes ask poorly worded questions.  Do not guess at the meaning of the question.  Ask for clarification.

It is okay to say “I don’t know” or “I don’t remember” if you don’t know the answer to a question.  This is especially true for minor details.  Make sure you are familiar with the important details of your case.

Listen to the question and answer only that question.  This is not the time to start volunteering information.  Do not guess the intent of the question and do not try to guess what the next question will be.  Answer the question and know that your attorney will be able to ask you follow up clarifying questions.  Resist the natural temptation to answer “Yes, but…” or “No, but…”

Take a moment before answering each question.  There is nothing wrong with a pause to gather your thoughts before answering.  It will also allow your attorney a chance to object, if necessary.  It will also make sure that the entire question is completed and you are not interrupting.  Juries do not appreciate rudeness from a witness.  Similarly, court reporters have a hard time recording people talking over other people.

Try to appear calm, relaxed and confident.  The jury will be watching you and your body language.  The jury is assessing your credibility at all times.  This does not mean you should be arrogant.

Short answers are frequently best, especially on cross examination.  If the question can be answered with a “Yes,” “No,” or a number, do so.  Make sure you answer verbally, do not shake or nod your head. 

Your testimony is being recorded, either by a machine or a court reporter.  Additionally, do not say “Yeah,” “Uh-huh,” or “Nuh-uh.”

Keep in mind that the opposing lawyer is not your friend.  Do not be lulled into a sense of comfort.  Some attorneys can be quite charming.

Avoid using the words “Never” and “Always” when testifying.

Correct any errors you make while testifying.  If you realize you misspoke or simply got something wrong, correct your mistake as soon as possible.

Stop talking immediately if the judge interrupts you or the opposing counsel objects.  Do not try to sneak in an answer.  This does not help your credibility with the judge and jury.  In some cases, this conduct could result in a mistrial.  Wait until the judge tells you it is okay to answer, or the attorney asks another question.

Contact Our Professionals

If you have been injured, you may be entitled to compensation. Our determined Florida personal injury attorneys in Fort Lauderdale, Miami, and West Palm Beach are ready to meet you to discuss your case.   At Madalon Law, there is no fee unless we win your case.