A Florida intentional torts attorney should be experienced and skilled in handling cases involving intentional torts such as assault as there are essential elements that must be established to maintain such a cause of action. A plaintiff must prove the following elements:

• the tortfeasor either intended to cause the plaintiff to fear immediate injury or intended to actually injure the plaintiff;
• the tortfeasor’s apparent present ability to inflict an injury caused the plaintiff to reasonably apprehend bodily injury; and
• the tortfeasor’s conduct or the circumstances made it appear that bodily injury was imminent.

In order to commit an assault, a defendant must have intended to physically injure the plaintiff or to cause the plaintiff reasonable apprehension or fear of bodily injury. Substantial certainty that physical harm or injury will occur is also sufficient. Verbal expressions may constitute an assault, if under the circumstances a reasonable person would be apprehensive of imminent harm or injury. However, mere words are not sufficient to constitute an assault, but if the words are combined with an appearance of rage and a shove, an assault will exist. To prove a reasonable apprehension, the plaintiff’s fear of bodily harm must be reasonable under the circumstances. In a trial for assault, the trier of fact which is usually a jury will decide the reasonableness of one’s apprehension of further contact and harm. Additionally, a West Palm Beach intentional torts attorney should prove that the defendant’s conduct or the circumstances of the situation caused the plaintiff to believe that bodily injury was imminent.

If you believe you were assaulted do not hesitate call an experienced West Palm Beach intentional torts attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.