Articles Posted in Personal Injury

The “Stand Your Ground” law in Florida is contained in Florida Statute Section 776, and it allows people to use force, including deadly force, to defend themselves from perpetrators threatening them or their property. The law is intended to allow homeowners and Florida residents to defend themselves, their families, and their homes without having to worry about criminal persecution.

The law is also often used in personal injury cases in Homestead and other Florida communities. In the event of an assault and battery charge in Homestead or another community, some defendants will claim that they used physical force in self-defense.

Recently, a case before the Florida appellate court involved just this type of situation. A Miami roofer beat his co-worker with a baseball bat but alleged that he was acting in self-defense. The case resulted in criminal and civil charges. In the criminal trial, a judge deemed that the roofer’s actions were justifiable under the “Stand Your Ground” law.

While the criminal case was ongoing, however, the roofer and the roofing company both men worked for were charged in civil court by the victim. The defendants in that case evoked the “Stand Your Ground” law and stated that since a judge had already found the actions of the roofer defensible, the “Stand Your Ground” law could serve as an absolute defense. A judge in the civil trial denied that the “Stand Your Ground” law applied in civil court, but the defendants appealed. A Third District Court of Appeal appellate court decided that the use of the “Stand Your Ground” law could not be dismissed in civil court because Florida has not yet determined how civil liability works with that law. The judge also deemed that the parties were different in both cases, since the plaintiff in the civil case was the injured co-worker while the plaintiff in the criminal trial was the State of Florida. The judge deemed that this difference meant that the criminal trial’s conclusions could not simply be used in the civil proceedings.

What does the decision mean for those who have suffered an injury due to an battery in Homestead or another community? Long term, it is unclear. The case will likely be in courts for some time and could impact how the “Stand Your Ground” law is interpreted in future cases. Personal injury attorneys in the state are in support of the most recent court decisions, with some arguing that the “Stand Your Ground” law should not be applied in civil court automatically, even if a defendant has been found not guilty in a criminal court.

Currently, if someone has been injured in an assault and the defendant alleges that they were acting in self-defense, the injured party can still seek damages in civil court. In these cases, it is best to consult with a personal injury attorney to determine what legal options are available.

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In assault and battery cases in Hollywood and other Florida communities, the defendant in the case will often allege that they acted in “self-defense” because they felt threated. In Florida, it is legal to use force when defending oneself or one’s property and under the state’s “Stand Your Ground” law, Florida clarifies that people do not have to retreat if they are threatened.

Recently, HB89 was signed into law to clarify the rules. HB89 confirmed that all self-defense laws apply to situations where there is a threat of force and to situations where there is actual force. This means that in a situation where someone is threatened verbally or has warning shots fired at them they are protected to the same extent as someone who is subject to actual force.

HB89 also removes the mandatory minimum sentenced in cases where a person is found guilty of imperfect self-defense. In these cases, someone honestly believes that they are threatened but that belief turns out to be incorrect and an innocent person is injured as a result.

These legal changes may affect some legal cases in Florida. However, someone who has been injured in an assault and battery in Hollywood or another Florida community still has access to the civil court system and not just the criminal court system. In cases where someone is injured in an attack, the attacker may be charged in criminal court. Whether they are found guilty or not, the person who has been injured can still seek compensation through a civil court claim for any damages. These may include income loss, the cost of medical care, pain and suffering, and property damage. Whether a person claims they were acting in self-defense or not, they can still be held liable if their actions are found to be negligent and if their recklessness leads to injuries.

Often, these cases become situations of finger-pointing, with the accused claiming that the injured person did something wrong that provoked the attack. The attacker may allege that they felt threatened or that the injured party did or said something threatening. In these cases, it is important for the injured party to work with a personal injury attorney in Hollywood or their community. An attorney can hire investigators to interview witnesses and to otherwise seek evidence in the case.

Attorneys can also help find all liable parties in the case. In cases of violence, injured victims sometimes also have a case against the owner of the property where the incident took place. If a property owner knew of similar crimes in the area but failed to act to protect visitors to their property they may be held partly liable for injuries. This can be the case even in cases where the perpetrator is never caught.

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If you have been injured in a car accident in Miami or any other type of incident, an investigation will usually be launched. For example, if you have been injured in a roadway accident or workplace accident in Miami or another city, you will generally qualify for insurance benefits and the insurance company will launch its own investigation into the incident. If there is a suspicion that your injuries were caused by a criminal act, there may also be an investigation launched by authorities, although in some cases authorities rely on insurance company findings for their own investigation.

If you work with a personal injury attorney in Miami or your community, your personal injury attorney will likely work with accident reconstruction experts, private investigators, and other professionals to investigate your case. This is important since it can bring evidence to light that was not uncovered in the official investigation or the insurance investigation.

Both in the insurance investigation and in any investigation overseen by an attorney, the main goal is often to decide liability. This is because in order for plaintiffs to succeed in recovering damages, they must prove damages as well as liability. In any investigation, investigators are also typically trying to find a link between an injury and the accident. For example, in an intersection accident in Miami or another city, investigators may try to determine how the collision caused a spinal cord injury or other trauma.

The investigation itself will usually involve:

•Speaking to witnesses
•Gathering evidence, including multiple and detailed photos of any damages
•Gathering clues, such as trademarks or metal deformation in a car accident case
•Getting an expert’s opinion about injuries and the causes of an injury
•Seeking other victims who have been injured in the same way (for example, seeking others who have been injured using the same product in a products liability case)
•Getting information about the plaintiff, including medical history and any previous legal claims or felonies
•Getting medical records or securing medical testing to determine the nature, costs, and cause of injuries sustained
•Interviewing the plaintiff
•Interviewing the defendant or running a background check on them
•Researching known associates and neighbors of the parties involved
•Securing police records and any information regarding a police investigation
•Interviewing first responders at the scene
•Securing a truck’s “black box” and driver logs in the event of a trucking accident
•Securing any security or surveillance camera footage of the area where the incident took place
•Hiring a forensics investigator to look into the finances or phone or computer records of people pertinent to the case
•Compiling evidence of a plaintiff’s losses and damages
A good personal injury attorney in Miami will act quickly to launch an investigation and will have access to the professionals who can handle the investigation well.

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