Legal Question in Civil Litigation in Florida
My daughter got punched by a man outside of a club. Her front tooth was chipped about halfway down. Is there any civil action that can be taken to get money reimbursed for the trip to the dentist
from the man that punched her? I think that he got arrested for the altercation and we will be able to find out who he is.
Thanks
3 Answers from Attorneys
Yes. He has committed a battery upon your daughter and is liable in tort for any damages that he has caused including pain and suffering and, perhaps, even punitive damages.
The problem in these cases is not whether you can sue but rather can you collect the money after spending money on court fees etc. Probably the best way to handle this is throught the prosecutor's office. Tell the prosecutor you want resitution as part of any deal that is worked out with the defendant. Of course, you can sue the man directly, but unless he has money or you can sue him under his home owner's policy, it is unlikely you will be statisfied. The final option if the responsibiliy of the club if any. See www.FloridaPersonalInjuryTrialLawyer.com
The prior poster is correct about collecting from the person who punched her, but if it was outside a club and there were bouncers and security persons there, maybe you have a negligent security claim against the club.