Miami Personal Injury Lawyer Blog
Violent crime can happen anywhere, but, as you might expect, it is more prevalent in urban areas like Miami and South Florida. According to the Florida Department of Health (FL DOH), there are around 33,650 violent crimes committed in the state every year. More than 9,400 of these occur in the South Florida Counties of Broward, Miami-Dade, and Palm Beach. That amounts to almost one-third of all such crimes in the state, in just these three counties. For purposes of these statistics, violent crimes include murder, rape, robbery, and aggravated assault.
The aftermath of a crime can be incredibly stressful, leaving you with physical, emotional, and financial burdens. While the criminal justice system focuses on punishing the offender, crime victim compensation can help alleviate some of the financial hardship. You should contact a Miami attorney for crime victims to discuss your legal options right away because Florida’s statute of limitations creates a time limit to pursue your remedies.
Criminal vs Civil Statute of Limitations in Florida
It is important to distinguish between the criminal statute of limitations and the civil statute of limitations in Florida. The criminal statute of limitations dictates how long the state has to prosecute a crime. This timeframe varies depending on the severity of the offense.
On the other hand, a civil statute of limitations applies to personal injury lawsuits filed by individuals, including crime victims seeking compensation.
Statute of Limitations for Crime Victims in Miami
Even though a crime is involved, the case against the offender will proceed in the criminal court. Your case as a crime victim is a civil matter because you are seeking damages. In these cases, the statute of limitations is two years. The clocking starts to run the date of the crime.
Deadlines for Victims of Sexual Assault
Sexual assault is a heinous crime, and Florida recognizes the unique challenges faced by survivors. Therefore, there are situations where the statute of limitations is tolled or paused. When the violent crime involves sexual assault or rape, a victim may have more time, such as:
· When the sexual abuse affected a minor;
· Repressed memories led to a delayed understanding of the abuse; or,
· An institution in Florida fraudulently concealed the abuse.
Wrongful Death Statute of Limitations
If a crime resulted in the death of a loved one, you may be able to file a wrongful death lawsuit against the perpetrator. You might also have grounds to pursue a negligent property owner for not taking action to deter crime. The statute of limitations for wrongful death lawsuits in Florida is two years from the date of your loved one’s death.
Consult With a Miami Crime Victims Lawyer for Free
As the victim of a crime, the sooner you take action, the better. Evidence can fade over time, and witnesses’ memories can become unreliable, putting your rights in jeopardy. The experienced attorneys at Gerson & Schwartz, PA, will work tirelessly to help you obtain the compensation you deserve. Please contact us at (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
