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Physical Child Abuse Miami Attorney

Can You Sue for Physical Child Abuse in Florida?

While most acts of child abuse are appropriately punished by Florida’s criminal laws, many acts of abuse can give rise to civil claims and monetary relief for children harmed by physical abuse. Whether you can or should file a lawsuit in Florida for physical child abuse depends on many factors, including who perpetrated the harm, whether there was any negligent oversight, training, or supervision, the likelihood of securing monetary relief, and the nature of the physical abuse. If you are considering making a claim on behalf of a child who has been physically abused, it is best to speak with a legal professional. Lawyers at Viñas & DeLuca, PLLC have experience handling child abuse lawsuits and are here to help.

What Constitutes Physical Child Abuse

Physical child abuse can arise anytime there is an intentional use of physical force on a child which can cause physical harm. Physical child abuse can take many forms, including:

– Shaking
– Hitting
– Beating
– Smacking
– Scratching
– Kicking
Sexual Abuse
– Refusal to Provide Food
– Refusal to Render Medical Aid
– Physical Maltreatment

Florida’s criminal laws define child abuse in these ways:

Child Abuse: (1) the intentional infliction of physical or mental injury upon a child; (2) an intentional act that could reasonably be expected to result in physical or mental injury to a child; or (3) active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.

Aggravated Child Abuse: When a person (1) commits aggravated battery on a child; (2) willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or (3) knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.

See Fla. Stat. §827.03

Physical child abuse can sometimes form the basis of a civil lawsuit under Florida law. These cases can be extremely complex and are highly dependent on the nature of the abuse, whether any person or entity had a legal duty to prevent or deter the abuse, whether the law imposed a duty of care on any person or entity, and many other facts.

Our Florida Office Locations

Viñas & DeLuca is headquartered in Miami, Florida and has offices available for consultation in Miami, Boca Raton/Palm Beach, and Tampa. We have handled cases in multiple state and federal jurisdictions throughout Florida. Click here for more information.

Contact a Miami Child Abuse Attorney

If you or a loved one have been injured in a Florida personal injury or wrongful death matter, please contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650.  There is never a fee or cost to you unless our law firm can recover money for you.  You can also complete our Free Case Evaluation Form or easily chat with us online, and one of our experienced Florida personal injury attorneys will contact you right away. We are here 24/7/365 to speak with you and answer your questions. If you cannot come to us, we will come to you.

 Our Process

The 4 Steps We Take After You Retain Us

01. Report

We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.


We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.

03. Review

Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.


Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.

Francisco Viñas
Personal Injury Attorney
Jarrett L. DeLuca
Personal Injury Attorney

Florida Personal Injury Lawyer

The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida.  Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court.  Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills, and ethical standards.  The Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.

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With An Experienced Attorney

We offer our services on a contingency fee basis, which means that you do not have to worry about legal fees unless we win your case. That’s right. You get to focus all of your time, energy, and money on getting better while we handle your personal injury case. You only have a limited amount of time to file a claim, so contact us today. We’re available to assist injury victims throughout Miami-Dade County.