Seeking Justice: Personal Injury Claims for Victims of Violent Crimes in Florida
Victims of violent crimes in Florida often suffer not only emotional and physical trauma but also significant financial burdens due to medical expenses, lost wages, and other damages. While the criminal justice system focuses on punishing offenders, it does little to compensate victims. Fortunately, Florida law allows crime victims to seek civil remedies through personal injury lawsuits against responsible parties, including perpetrators and third parties whose negligence contributed to the attack.
Understanding Personal Injury Claims for Violent Crime Victims
A personal injury lawsuit is a civil action that allows a victim to seek financial compensation for their injuries. Unlike criminal cases, where guilt must be proven beyond a reasonable doubt, personal injury claims require victims to establish liability by a preponderance of the evidence. This lower burden of proof increases the chances of obtaining justice through financial recovery.
Potential Liable Parties in Violent Crime Cases
- The Perpetrator – The most direct claim is against the person who committed the violent act. However, securing compensation from criminals can be difficult, as they may lack the financial resources to pay a judgment.
- Property Owners and Businesses – Florida premises liability law holds property owners and businesses accountable when inadequate security measures contribute to violent crimes. Common locations where such claims arise include apartment complexes, hotels, shopping centers, parking lots, and bars.
- Employers and Institutions – If an assault occurs due to negligent hiring, training, or supervision, an employer may be held responsible. This is particularly relevant in cases involving security personnel, rideshare drivers, and caretakers.
- Government Entities – While government agencies typically have sovereign immunity, exceptions exist when negligence in providing adequate security or maintaining public spaces contributes to an attack.
Key Legal Theories in Crime Victim Injury Lawsuits
Negligent Security Claims
Many violent crime injury claims fall under negligent security, a branch of premises liability law. Property owners have a duty to provide reasonable security measures to protect visitors. If a property owner fails to take reasonable steps—such as installing security cameras, hiring trained security personnel, or providing adequate lighting—they may be held liable if their negligence creates conditions that enable an attack.
Dram Shop and Liquor Liability
Florida’s dram shop law (Fla. Stat. §768.125) allows victims to hold bars, clubs, or liquor stores accountable if they serve alcohol to an underage or habitually addicted person who later commits a violent act while intoxicated.
Vicarious Liability and Employer Responsibility
When employees commit violent acts while on duty, their employers may be liable under the legal principle of respondeat superior, meaning an employer can be responsible for the actions of its employees if those actions occur within the scope of their employment.
Compensation Available for Crime Victims
Crime victims may recover various types of damages, including:
- Medical expenses (current and future treatment, rehabilitation, therapy)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress and PTSD treatment
- Punitive damages (to punish particularly egregious conduct)
Florida’s Crime Victim Compensation Program
In addition to civil lawsuits, Florida offers a Crime Victim Compensation Program, which provides financial assistance to eligible victims for medical bills, counseling, lost wages, and funeral expenses. However, these funds are limited, making personal injury lawsuits an essential avenue for full compensation.
Time Limits for Filing a Claim
Florida’s statute of limitations for personal injury claims is generally two years from the date of the incident (Fla. Stat. §95.11). However, exceptions exist, especially for claims involving minors, delayed discovery of injuries, or government liability.
How an Attorney Can Help
An experienced Florida personal injury attorney can:
- Investigate the circumstances of the crime
- Identify all liable parties
- Gather evidence (such as surveillance footage and witness statements)
- Handle negotiations with insurance companies and property owners
- Represent victims in court if necessary
Conclusion
Victims of violent crimes in Florida deserve justice beyond the criminal courtroom. Personal injury lawsuits can provide financial relief and hold negligent parties accountable. If you or a loved one has been injured due to a violent crime, consulting with a skilled personal injury attorney can help you explore your legal options and pursue the compensation you deserve.
If you need legal guidance on pursuing a claim, contact an experienced Florida personal injury lawyer today.
Have you or someone you know been injured as a result of a violent crime? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
