Assault & Battery · Fort Lauderdale

Fort Lauderdale assault & battery injury lawyer.

You were attacked — at a bar, in a parking lot, outside your own apartment. There may be a criminal case against the person who hurt you, but that case will not pay your medical bills or your lost wages. A separate civil claim can. As a Fort Lauderdale assault injury lawyer, Robert DiStefano can go after the attacker and, often, the property owner whose neglect let it happen.

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A civil claim, separate from the criminal case

When to call a Fort Lauderdale assault injury lawyer

If you were beaten, stabbed, shot, or otherwise attacked, two very different things can happen at once. The State can charge the attacker with a crime — that is the criminal case, and the State Attorney runs it to punish the offender. You are a witness in that case, not the person in control of it, and even a conviction does not put a dime in your pocket. The second thing is a civil claim that belongs to you. As a Fort Lauderdale assault injury lawyer, Robert DiStefano files that civil claim to recover money for the harm you suffered.

In plain terms, an assault is when someone makes you reasonably fear they are about to hurt you, and a battery is the actual harmful or offensive contact — the punch, the shove down the stairs, the broken bottle. Both are intentional torts you can sue over, no matter what happens in criminal court. You do not have to wait for the criminal case to finish, and you do not need a conviction to win your civil case.

The most important question is often not "can I sue the person who hit me?" — it is "who else is responsible, and who can actually pay?" Many attackers have no money and no insurance. But when a bar, club, apartment complex, or parking garage created the conditions that let the attack happen, that business can be held liable too. That overlap with premises liability is where most real recovery comes from, and it is what this firm builds your case around.

The Florida law behind your claim

Assault, battery, and the property owner's duty

Your case sits on two legs at once: the intentional act of the person who hurt you, and the property owner's failure to keep you reasonably safe. Here is the Florida law that decides both — and the deadlines that control how long you have.

Florida common law — assault & battery as civil torts

The claim against the attacker

Apart from any crime, Florida recognizes assault and battery as civil wrongs you can sue over directly. An assault is conduct that puts you in reasonable fear of imminent harm; a battery is the actual unwanted, harmful, or offensive contact. You do not need a criminal conviction — civil cases are decided by a lower standard of proof than criminal cases. The practical problem is collection: if the attacker has no assets or insurance, a judgment against him alone may be worth little, which is why we look hard for a responsible property owner.

Florida common law — premises duty by visitor status

What the property owner owed you

Long-standing Florida law sets how much care a property owner owes based on why you were there. A paying customer at a bar or a tenant in an apartment is an invitee — owed the highest duty, which includes taking reasonable steps to guard against foreseeable criminal attacks by third parties. A social guest is a licensee. The owner's duty does not erase the attacker's fault, but it opens a second, often better-insured, source of recovery for what was done to you.

Fla. Stat. § 768.0706 enacted 2023

The apartment-security presumption

When the attack happened at an apartment complex, this 2023 statute gives the owner a presumption against liability for a third party's crime — but only if the owner put in place the specific safeguards the law lists, such as cameras at entrances and exits, parking-lot and walkway lighting, deadbolt locks, and peepholes. The presumption can be rebutted with proof the owner knew the property was dangerous, usually through a documented history of prior crime, and still failed to act. We gather those records to push past it.

Fla. Stat. § 768.81 amended 2023

Modified comparative negligence

Since the 2023 reform, Florida follows a 51% bar. If you are found more than 50% at fault for what happened, you recover nothing; at 50% or less, your award is reduced by your share. In a bar-fight or nightclub case the defense loves to argue you "started it" or were drinking, so this rule matters. An intentional attack on you is not the same as you sharing the blame, and we push back hard on that tactic.

Fla. Stat. § 95.11(4)(a) amended 2023

The two-year deadline

The 2023 reform shortened the deadline for most negligence lawsuits — including a negligent-security claim against a property owner — to two years from the date of injury. Different deadlines can apply to different defendants, and the real clock is even shorter because security video is often overwritten within weeks. Calling early is the single best thing you can do to protect the case.

This page provides general information about Florida law and is not legal advice. Statutes and case law change; your specific case requires a consultation.

Broward County, on the ground

Where these attacks happen here

Robert lives and practices in Broward, and he knows the kinds of places these cases come from — and the security gaps that keep turning a night out, or a walk to your car, into a serious injury. When a business profits from a crowd, it has to take reasonable steps to protect that crowd.

Bars & clubs

  • Himmarshee Street — packed late-night venues where overserved crowds and too few trained staff let fights turn into beatings.
  • Las Olas Boulevard — lounges and restaurants where a dispute inside spills into the street with no security outside to stop it.
  • Excessive-force "bouncers" — untrained security who injure a patron, or who are nowhere to be found when trouble starts.

Parking lots & garages

  • Downtown garages — the structures near the Himmarshee and Las Olas bars are common scenes for robberies and assaults after closing.
  • Dead cameras, no attendant — lots that advertise security but leave drivers alone in the dark.
  • Stairwell blind spots — the corners cameras never cover are where people get cornered.

Apartment complexes

  • Broken access gates — a perimeter gate stuck open for weeks, reported and ignored, lets an attacker walk straight in.
  • Promised, then gone — a leasing office sells "controlled access" or a courtesy patrol that no longer exists.
  • Dark breezeways — burned-out lighting in stairwells and walkways where residents and guests are jumped after dark.

The person who hit you may vanish or have nothing. The business that left the gate broken and the lot dark is still here — and so is its insurance.

Why DiStefano Law

Robert handles your case personally

When you call DiStefano Law, you are not handed off to a rotating cast. Robert DiStefano has practiced Florida personal-injury law for more than 40 years, and he works your assault case himself — from the first call, through the fight to preserve the proof, and into the courtroom if the insurer will not be fair. He also knows how to coordinate your civil claim with the criminal case so neither one hurts the other.

You pay nothing up front. We take these injury cases on contingency: no fee unless we recover for you. Your first case review is free, confidential, and same-day. We will tell you honestly who can be held responsible, what your case may be worth, and what the road ahead looks like.

01

Find who can pay

We look past the attacker to the bar, garage, or apartment owner whose security failure enabled the attack — and to every insurance policy that may cover it.

02

Lock down the proof

We move fast to preserve security video, lighting and camera records, the venue's incident history, and police call logs before they are overwritten or lost.

03

Press for full value

We pursue your medical bills, future care, lost income, and the pain and trauma you carry — and we deal with the insurers directly so you can heal.

See related case results →

Questions people ask us

Assault & battery injury FAQ

How is a civil case different from the criminal charges against my attacker?
They are two separate cases with two different goals. The criminal case is brought by the State to punish the attacker — you are a witness in it, not the one in control, and even a conviction does not pay your bills. The civil case belongs to you and is about money: recovering for your medical care, lost wages, and pain. You do not need a criminal conviction to win the civil case, because civil cases are decided by a lower standard of proof. The two can run at the same time, and we coordinate them so one does not damage the other.
Can I sue the property owner and not just the person who attacked me?
Often, yes — and it is usually the key to a real recovery. Many attackers have no money and no insurance, so a judgment against the attacker alone may collect nothing. When a bar, nightclub, parking garage, or apartment complex failed to take reasonable steps to keep you safe, that business can be held responsible for the harm a foreseeable attack caused. That business typically carries insurance, which is what actually pays for your medical bills and losses. We investigate every party that controlled the property to find who is responsible and who can pay.
How does this connect to a negligent-security claim?
A claim against the property owner is a negligent-security claim, and it is the bridge between an intentional attack and money that can actually be recovered. To hold the owner responsible, we generally have to show the attack was foreseeable — that the owner knew or should have known the property was dangerous — and that reasonable security would likely have prevented it. We build that with police call histories, prior incident reports, and the property's own lighting and camera records. You can read more on our negligent security page.
What damages can I recover after an assault or battery?
In a civil case you can pursue compensation for your past and future medical bills, lost wages and lost earning ability, and pain, suffering, and emotional trauma — including the anxiety and fear that often follow a violent attack. If the conduct was especially egregious, punitive damages may also be available in some cases. The exact value depends on the severity of your injuries and the insurance coverage available, which is why finding a responsible property owner matters so much. Your first case review is free, and you pay no fee unless we recover for you.
How long do I have to file an assault injury claim in Florida?
For a negligence claim against a property owner, Florida generally gives you two years from the date of injury under Fla. Stat. § 95.11(4)(a), shortened by the 2023 reform. Different deadlines can apply to different defendants and situations, so the safest step is to talk to a lawyer right away rather than guess. Beyond the legal deadline, security video is often erased within weeks, so the practical window to save the proof is even shorter. Call (954) 572-8000 for a free, confidential, same-day review.

Related premises cases: a negligent security failure that enabled the attack, or a slip and fall injury on unsafe property — both fall under premises liability. Not sure where your case fits? Reach out and we'll point you the right way.

Client reviews

What clients say about working with us

4.8 ★★★★★ 51 verified Google reviews Read all on Google →

★★★★★

“The best lawyer in South Florida. Thank you DiStefano for all the hard work that you and your team have done to get me amazing results.”

Taravia Google

★★★★★

“I had a wonderful experience with Robert! He fought hard for me and kept me in the loop the whole time. The whole office is just great!”

Paulavia Google

★★★★★

“Mr. DiStefano is the best! Kept me up to date with everything, and his paralegal Michelle also kept us informed. Happy with my settlement — I highly recommend him.”

Stacy Leevia Google

Free, same-day case review

Attacked on someone else's property?

Talk to Robert DiStefano directly. The call is free and confidential, and you owe no fee unless we recover for you.

(954) 572-8000
Robert DiStefano, Esq. · Fort Lauderdale