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:
– 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.