Assault Injury Lawyer in Miami
If you have been the victim of an assault, robbery, sexual assault, or shooting in Miami-Dade or Broward County, you may have civil remedies in addition to the criminal case. Civil claims against the attacker recover compensation for medical bills, lost wages, pain and suffering, and other damages. In many cases, the attacker has no money — but a separate "negligent security" claim against the property owner where the attack happened often produces a meaningful recovery, because the property owner has insurance coverage.
The Civil Case Is Independent of the Criminal Case
The criminal case against the attacker is brought by the State of Florida and is intended to punish the attacker. The civil case is yours. It is brought to compensate you for your losses. The two cases proceed on independent tracks. You do not need to wait for the criminal case to conclude before bringing your civil claim, and you can win a civil case even if the criminal case is dismissed or results in acquittal — the civil burden of proof is lower (preponderance of the evidence vs. beyond a reasonable doubt).
Damages from the Attacker
A direct civil case against the attacker can recover compensatory damages (medical, wage loss, pain and suffering, mental anguish) plus punitive damages for intentional and outrageous conduct. The practical problem is that most attackers either have no insurance coverage for intentional torts or have no significant assets. Even a large judgment against a judgment-proof defendant may be uncollectible.
Negligent Security — The Real Pocket of Recovery
Florida law holds property owners — apartments, hotels, gas stations, convenience stores, parking garages, bars, malls — responsible for foreseeable criminal acts on their premises if the owner failed to provide reasonable security. The key question is foreseeability, usually proved through:
- Evidence of prior crimes on or near the property
- Police call records and crime statistics for the area
- The type of business and its known risks
- Industry security standards for that type of property
- Internal incident reports from the property owner
Specific failures that often support negligent-security cases include:
- Inadequate or non-existent security personnel for high-crime locations
- Missing or non-working surveillance cameras
- Inadequate lighting in parking lots, hallways, and common areas
- Broken or missing locks, gates, and access-control systems
- Unrepaired holes in perimeter fencing
- Failure to respond to known criminal activity on or near the property
- Failure to warn tenants or guests of recent crimes
Recent Florida Reforms
Florida significantly modified premises-liability law for negligent security in 2023 (HB 837). The new law creates a presumption against liability for owners of multifamily residential properties (apartment complexes) that meet specific statutory security requirements — proper lighting, deadbolt locks on all exterior doors, a peephole on each unit door, locked common areas, and a "Crime Prevention Through Environmental Design" assessment. Property owners that have not implemented these measures do not get the presumption and remain subject to traditional foreseeability analysis.
Common Negligent-Security Cases in Miami
- Apartment complex shootings, robberies, and sexual assaults
- Hotel room invasions and assaults
- Convenience store and gas station robberies
- Parking garage robberies and assaults
- Bar and nightclub fights involving inadequate door staff
- Mall and shopping-center crimes
- School and childcare facility incidents
Statute of Limitations
For assault and negligent-security claims arising on or after March 24, 2023, Florida's statute of limitations is two years from the date of the incident. Intentional torts (battery, assault) are also subject to the same two-year period. Wrongful-death claims must be filed within two years of the date of death. Sexual assault cases involving minors and certain other categories may be subject to extended limitations periods under § 95.11(9).
Crime Victim Resources
Beyond the civil case, Florida's Crime Victim Compensation program (administered by the Office of the Attorney General) provides financial assistance to victims of violent crime for medical bills, lost wages, mental health treatment, and other expenses, regardless of whether a civil case is pursued. We help our clients access these benefits in addition to pursuing civil recovery.
If you or a loved one has been the victim of a serious assault in Miami-Dade or Broward County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a confidential, no-cost consultation.
About the Author
Albert Goodwin, Esq. is a licensed attorney with over 18 years of courtroom experience handling personal injury cases. His extensive knowledge and trial experience make him well-qualified to write authoritative articles on a wide range of personal injury topics. He can be reached at 786-522-1411 or [email protected].
