Miami Personal Injury Lawyer Blog
Florida is the third largest state in the US by population, so it stands to reason that crime rates are rather high in both urban and rural areas. According to the Florida Department of Law Enforcement (FDLE), more than 124,600 people are arrested for violent crimes every year. This data covers such offenses as simple and aggravated assault, murder, and rape, as well as violent theft offenses like burglary and robbery. For victims injured in these crimes, the losses can be considerable.
Fortunately, Florida law allows you to seek compensation from the parties at fault for your injuries. There are multiple individuals and entities that may be liable, so you cover all your bases by pursuing as many as possible. It is important to rely on a Miami crime victims lawyer for assistance when you attempt to recover monetary damages from:
Criminal Offender
The most logical party to go after for a criminal attack is the person who engaged in the misconduct, and the theory of liability is an intentional tort. You would need to prove that the individual knowingly assaulted you and that this event was the direct cause of your injuries. However, since the offender may be going to prison, you may have limited options for recovering funds if successful in a lawsuit.
Property Owners
The individual or entity who owns the property where the attack occurred may be liable for negligent misconduct. Property owners owe a duty to individuals who enter the space, so they must keep the premises in a reasonably safe condition and free from foreseeable hazards. When criminal activity is present, an assault is certainly foreseeable. The property owner could be liable for failing to implement proper security measures.
Employers
When an attacker takes advantage of an employment-based position to engage in criminal activity, the employer could be liable. Again, the theory of liability is negligence since employers have a duty to use reasonable tactics when hiring employees. A company can meet this duty by conducting background checks, vetting for previous criminal behavior, and other measures.
Other Businesses
With some companies, you have additional expectations of safety because of the subject matter of the business transaction. For instance, when you send a child to a daycare center or place a loved one in a nursing home, you trust that the facility will adhere to a duty to protect the individual. Criminal activity, including sexual abuse of children and assault against residents, could lead to liability for a business with this specific duty of care.
Talk to Our Miami Crime Victims Attorneys About Your Rights
It is useful to know that there could be multiple potential parties when you are the victim of a violent crime, especially when there are significant challenges in these cases. You can trust our team at Gerson & Schwartz, PA to help overcome hurdles, so please contact our firm to schedule a no-cost case review with a crime victims lawyer. You can call (305) 371-6000 or go online to reach our offices in Miami, Fort Lauderdale, or West Palm Beach.
