Florida treats assault and battery as intentional torts. A civil lawsuit is about money damages (and sometimes injunctions), even if there is also a criminal case.
Civil assault (Florida)
Core idea: putting someone in reasonable fear of an imminent harmful contact. Florida’s statutory definition (often used as the working definition in civil cases) requires:
an intentional, unlawful threat (by word or act) to do violence, apparent ability to carry it out, and an act that creates a well-founded fear the violence is imminent.
Key point: No physical contact is required for assault; the harm is the apprehension/fear.
Civil battery (Florida)
Core idea: intentional harmful or offensive contact.
Florida’s statutory definition provides battery occurs when a person: actually and intentionally touches or strikes another against the person’s will, or
intentionally causes bodily harm.
Key point: Even unwanted touching can qualify—injury is not always required, though injury
affects damages.
What a plaintiff generally must prove (practical)
Intent: The defendant meant the act (or meant to cause the contact/threat), not necessarily meant to cause injury.
Causation and damages: For battery, you typically prove the contact caused harm/loss; for assault, damages can include emotional distress and other losses from the apprehension.
Damages you can seek
Common Categories
- Medical bills and related expenses
- Lost wages / loss of earning capacity
- Pain and suffering / emotional distress
- Out-of-pocket losses (property damage, etc.)
Punitive Damages (when conduct is egregious)
Florida restricts punitive damages in two big ways:
- You generally can’t plead punitive damages unless you first make a “reasonable
showing” of evidentiary basis and get permission to add the claim. - Caps often apply (commonly the greater of 3× compensatory or $500,000), with higher
caps in certain financial-gain situations and no cap if there was specific intent to harm.
Defenses (and Florida-specific immunities) that often decide these cases
1) Consent
If the plaintiff consented (sports, agreed contact, etc.), that can defeat or limit battery/assault— scope matters.
2) Self-defense / defense of others (and “Stand Your Ground” civil immunity)
Florida provides civil immunity when force is justified under its self-defense statutes.
Non-deadly force is justified when reasonably necessary to defend against another’s imminent unlawful force; no duty to retreat.
Deadly force has stricter conditions. The immunity statute also authorizes fee-shifting (attorney’s fees/costs) if the court finds the defendant immune.
The justification is not available to certain initial aggressors or those committing/escaping a forcible felony, with limited exceptions.
3) Defense of property
More limited than self-defense; proportionality matters.
4) Privileges / justification defenses
Context-dependent (e.g., certain security or law-enforcement contexts).
Comparative fault (important nuance)
Florida’s comparative fault statute does not apply to actions based on intentional torts. So the usual “percentage fault” reduction you see in negligence cases generally isn’t the framework for pure assault/battery claims. Defendants instead lean on justification, consent, identity, credibility, and causation.
Deadline to sue (statute of limitations)
A civil action for assault or battery must generally be filed within 2 years in Florida.
(There can be exceptions/tolling issues in specific circumstances, but 2 years is the standard starting point.)
Practical Litigation Notes
Civil vs. criminal: A criminal case can help with evidence, but civil liability is decided under the preponderance of evidence standard (lower than “beyond a reasonable doubt”).
Who you can sue: The actor, and sometimes others under separate theories (e.g., negligent security, negligent hiring/supervision). Pure vicarious liability for an employee’s intentional tort can be fact-specific.
Insurance: Many liability policies exclude intentional acts, which affects collectability even if you win.
If you or someone you know has been involved in an assault, please contact Bobet Law Firm for a free consultation to discuss your rights and potential compensation.