Crime Victim Rights FAQs

Florida Crime Victim Lawyers: Civil Claims and Compensation

If you or a loved one survived a violent crime or suffered a tragic loss, the criminal justice system is only one path to justice. While police and prosecutors focus on putting the perpetrator behind bars, a civil lawsuit focuses on you the victim. A civil claim allows you to hold the attacker, as well as any negligent businesses, institutions, or property owners who allowed the crime to happen, financially accountable.

At the Law Offices of Jason Turchin, we can provide compassionate representation for victims of shootings, sexual assault, and molestation.

What is the Difference Between a Criminal Case and a Civil Case?

Understanding the difference between criminal and civil court is often crucial for crime victims:

• The Goal: The criminal case focuses on punishing the criminal through jail time or probation. The civil claim often focuses on repairing what you lost by pursuing financial compensation for your medical bills, physical pain, and emotional trauma.
• The Burden of Proof: In a criminal case, the prosecutor must generally prove guilt “beyond a reasonable doubt,” which is a very high standard. In a civil case, you generally only need to prove liability by a “greater weight of the evidence” (often called a 50-50 standard), making it easier to win financial damages even if the criminal charges are dropped or the attacker is acquitted.
• The Defendants: A criminal case is strictly against the perpetrator. A civil case can also be brought against third parties, such as an apartment complex, a hotel, or a rideshare company, whose negligence allowed the crime to occur.

How Does Negligent Security and Insurance Work?

Property owners in Florida generally have a legal duty to maintain reasonable security measures to protect visitors from foreseeable criminal acts. If a business fails to provide adequate lighting, functioning locks, or background checks on employees, they could be held liable for your injuries under “negligent security” laws.

Properties may also have Medical Payment coverage, which could pay for a portion of the victim’s medical bills simply because they were injured on the property. This is generally available in addition to any general liability insurance the property owner or manager has in place.

Types of Crime Victim Cases We Can Handle

We have extensive experience litigating highly sensitive and complex civil claims on behalf of crime victims, including:

• Molestation and Child Abuse: We can advocate for survivors of childhood sexual abuse. Our firm has successfully handled molestation cases against institutions that failed to protect children, including claims against the Church of God and cases involving molestation by a school custodian.
• Sexual Assault and Rape: Businesses must protect their patrons. We can aggressively pursue negligent security claims for sexual assaults, including complex cases against a bank following a rape by an ATM, as well as holding rideshare companies like Uber and Lyft accountable for assaults committed by their drivers.
• Gun Violence and Shootings: If you lost a loved one to a violent crime, we may be able to help. We handle shooting death cases against apartment complexes that failed to provide adequate security, as well as complex accidental shooting claims where a firearm was negligently entrusted or improperly stored.

How Long Do I Have to File a Crime Victim Civil Claim in Florida?

Florida law typically strictly limits the time you have to file a civil lawsuit. Due to recent tort reform, deadlines have drastically changed. Furthermore, vital evidence like surveillance video can be permanently overwritten in as little as 7 to 30 days. Immediate action is likely critical.

• General Negligence (Negligent Security): If you are suing a property owner for negligent security, Florida law generally requires you to file the lawsuit within two years from the date of the incident.
• Intentional Torts (Assault/Battery): If you are suing the perpetrator directly for physical harm or assault, you typically have up to two years from the date of the incident to file a case.
• Wrongful Death: If a crime results in the death of a loved one, the surviving family generally has two years from the date of death to file a wrongful death lawsuit.
• Exceptions for Sexual Abuse: Florida law recognizes the extreme trauma of child sexual abuse and provides extended deadlines. Depending on the victim’s age at the time of the abuse, there may be significantly more time to file a lawsuit.

Crime Victim Civil Claim FAQs