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 under Chapter 960 (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. The program functions as a partial backstop — meaningful but capped — and is not a substitute for the civil case. We help our clients apply in parallel with pursuing civil recovery.

HB 837 and the Criminal Actor as Non-Party

House Bill 837, signed in March 2023, made a structural change to negligent-security cases through new § 768.0701: in any case alleging negligent security, the trier of fact must apportion fault not only among the named defendants but also to the criminal actor who committed the underlying attack — even though the criminal is rarely sued and rarely collectible. The practical effect is that a jury that finds the premises owner 30% responsible and the attacker 70% responsible will reduce the plaintiff's recovery against the premises owner to 30%. Plaintiffs' counsel now have to build the case to maximize the premises owner's share by emphasizing the specific security failures that made the attack possible — broken cameras, unlit parking lots, unsecured access, prior similar incidents the owner did nothing about.

Assault by Employees — Vicarious Liability

When the attacker is an employee of the property owner — a security guard who beats a patron, a bouncer who throws someone down a flight of stairs, a hotel worker who assaults a guest — vicarious liability under respondeat superior may attach to the employer. The defense will often argue the employee acted outside the scope of employment, but in many cases the conduct (use of force, ejection of patrons, removal of trespassers) is precisely what the employee was hired to do. We also evaluate negligent-hiring, negligent-retention, and negligent-supervision claims against employers who knew or should have known of a violent employee's history.

Coordinating With the Criminal Case

The criminal prosecution is run by the Office of the State Attorney for the Eleventh or Seventeenth Judicial Circuit. We coordinate carefully — never interfering with the criminal investigation, but obtaining everything we can through Florida's Public Records Law (Chapter 119) once it becomes available: arrest affidavits, police reports, witness statements, body-worn camera footage, photographs of injuries, and (after the case closes) the State Attorney's investigative file. A criminal conviction can be powerful evidence in the civil case (collateral estoppel in some circumstances), but the civil case can succeed even when the criminal case ends in dismissal or acquittal — the burden of proof is lower (preponderance vs. beyond a reasonable doubt).

Evidence to Preserve Immediately

• Surveillance video from the property and surrounding businesses — typically overwritten within 14 to 30 days
• Police report and 911 audio
• Photographs of the scene, injuries, and the location of the attack
• Names and phone numbers of every witness
• Medical records from the emergency department forward
• The property owner's incident reports and prior incident reports for the location
• Police call-for-service records (CAD logs) for the property and surrounding area, obtained under Chapter 119
• Any internal security audits, post orders, and security-staffing schedules

Damages in an Assault Case

• Emergency care, surgical repair, ICU stays, rehabilitation
• Future medical needs — particularly for traumatic brain injury, spinal injury, gunshot wound complications
• Mental health treatment — PTSD is nearly universal after a serious violent attack
• Past and future lost wages and earning capacity
• Pain and suffering, mental anguish, loss of enjoyment of life
• Disfigurement and permanent scarring
• Punitive damages against the attacker individually
• Wrongful-death damages under § 768.16 et seq. for surviving family members

Statute of Limitations Detail

HB 837 reduced Florida's general negligence statute of limitations from four years to two years for causes of action accruing on or after March 24, 2023. Intentional torts including battery and assault are subject to the same two-year period under amended § 95.11. Wrongful-death claims have a two-year deadline running from the date of death. Adult sexual-battery claims have a seven-year period under § 95.11(7); claims by minor victims of certain sexual offenses may be filed until the victim turns 25 (and certain offenses involving very young children are not subject to any limitation under § 95.11(9)). Claims against government employees or agencies (an off-duty officer working security, for example) require pre-suit notice under § 768.28.

What to Do After a Violent Attack in Miami

1. Call 911 and get medical care. Even if you "feel okay," head injuries and internal injuries can emerge hours or days later.
2. Make sure police take a report. Get the case number and the investigating officer's name.
3. Photograph all visible injuries, your clothing, and the scene if you can return safely.
4. Identify witnesses — names, phone numbers, addresses. Many witnesses disappear within days.
5. Do not post about the attack on social media; the defense will subpoena every post.
6. Keep all medical bills, discharge instructions, and receipts.
7. Apply to Florida Crime Victim Compensation for interim financial help.
8. Contact a Miami assault injury lawyer before giving statements to insurance adjusters or signing anything.

Frequently Asked Questions

Do I need to wait for the criminal case to end?

No. The civil case proceeds on its own track. Waiting often costs critical evidence as surveillance video is overwritten and witnesses move.

What if the attacker was never caught?

The negligent-security case against the property owner does not depend on identifying the attacker. The case turns on the owner's security failures and the foreseeability of the crime.

Will I have to testify?

Most cases resolve in settlement. If trial becomes necessary, we prepare you carefully and litigate aggressively to minimize trauma from re-telling what happened.

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.