The Miami-Dade County Sheriff’s Office continues to investigate the circumstances surrounding an early morning shooting that killed one man and injured two more at a local food market. According to an article in the Miami Herald, police received a report of shots fired in Miami’s Liberty Square neighborhood. Officers arrived at the neighborhood convenience store to find two injured men, one of whom died before EMTs arrived. Minutes later, officials received word that another individual – believed to be connected to the shooting – had arrived at a nearby hospital with a gunshot wound.
As details emerge on the causes and contributing factors behind the incident, victims and surviving family members may wonder about their legal rights regarding the shooting. If you were involved in a similar situation, you might also be considering your options. A Miami negligent security attorney can provide specifics, but answers to frequently asked questions about criminal activity on property may be helpful.
Do I Have Options Beyond Pressing Charges? While you may get closure through the criminal process, a conviction and jail time will not compensate you for your losses as a victim. Instead, you need to go through the civil lawsuit process to obtain damages for your medical costs, pain and suffering and other implications. Suing in civil court is separate from the criminal case in which the government is the plaintiff.
Can I Sue the Person Who Caused My Injuries? The most obvious party to seek compensation from is the individual responsible for harming you, but you may encounter challenges. If your assailant will be headed to jail, it can be difficult to satisfy a judgment from a person who is incarcerated. In cases in which theft was a motivating factor, that individual may have limited assets. However, you may be able to pursue the property or business owner in charge of the premises where the attack occurred.
What is the Legal Basis for Injuries Caused by Criminal Activity on Property? Premises liability laws impose a duty on property owners, requiring all parties in control over the space to ensure it is safe for others. This duty may involve cleaning up spills and repairing broken handrails, but it also extends to providing proper security. Property owners that do not protect against foreseeable risks – such as the potential for criminal attacks – may be liable to injured victims.
How Do I Recover Compensation for My Losses? Often, your first step in the legal process is filing a claim with the property owner’s insurance company. If you cannot reach an out-of-court settlement, you may need to sue in civil court to get the compensation you deserve.
Do I Need a Miami Negligent Security Lawyer to Represent Me?
Yes, it is critical to retain an experienced premises liability attorney to assist with the legal process if you were injured due to criminal activity on property. Our team at Gerson & Schwartz, PA is prepared to help, so please contact us to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.