Miami Personal Injury Lawyer Blog
After being injured in a violent attack, victims get some closure knowing that criminal laws are tough on offenders. Florida criminal statutes classify most violent crimes as felonies, leading to lengthy prison sentences, hefty fines, and serious legal consequences. However, many crime victims don’t realize they have another legal remedy in civil court. It is possible to pursue a civil lawsuit against the attacker or other responsible parties, even if a criminal case is pending.
Because these cases are complicated, it is essential to retain a Miami crime victims lawyer who will aggressively pursue all at-fault parties. Plus, you can read on for the basics about how crime victims can sue for compensation in Florida.
Comparing Civil Claims from Criminal Cases in Florida
Crime victims in Miami can pursue compensation through civil lawsuits separate from criminal cases. While a criminal case focuses on punishing the offender, a civil claim seeks financial damages for the victim’s losses. Florida law allows crime victims to sue for damages in civil court. Additionally, civil claims may be filed against businesses or property owners if negligent security contributed to the crime.
It is important to note that, even if a perpetrator is not convicted, victims can still file a lawsuit against them. This is because the burden of proof is lower for civil cases, as compared to the standard of proof beyond a reasonable doubt in criminal matters.
Types of Compensation for Crime Victims
Victims of violent crimes in Miami may be eligible for various types of compensation through civil claims. Common damages include:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress and psychological trauma, such as PTSD,
In some cases, victims can seek punitive damages to punish particularly egregious conduct. Florida’s Victim Compensation Program may offer financial aid, but it does not replace the compensation available through civil lawsuits.
Liability of Third Parties for Negligence
In Miami, crime victims may have grounds to sue third parties whose negligence contributed to their injuries. Property owners, businesses, and landlords have a legal duty to maintain reasonably safe premises. If inadequate security measures played a role in the crime, victims may file a premises liability lawsuit. Examples include:
- Broken locks
- Poor lighting
- Lack of security personnel
- Failure to install surveillance cameras
Florida law recognizes negligent security claims, allowing victims to hold third parties accountable for failing to prevent foreseeable crimes. These claims can provide additional financial recovery beyond what the perpetrator may be able to pay.
Our Miami Crime Victims Attorneys Will Support Your Legal Rights
It is a relief to learn that crime victims have rights after a criminal attack, but taking legal action is a complicated process. At Gerson & Schwartz, PA, our experienced attorneys help crime victims seek the compensation they deserve. Whether your case involves negligent security, assault, or another violent crime, we are here to guide you through every step. Please call (305) 371-6000 or go online to schedule a free consultation. An experienced lawyer can discuss your legal options at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
