• Sauvola & Associates

  Florida Victim Rights Lawyer
  1128 Royal Palm Beach Blvd. Suite 468

  Royal Palm Beach, FL 33411
  561-366-7334 Office

  561-366-7331 FAX

   

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For the purpose of this article, victim rights litigation can be broken into two general categories: the criminal action and the civil action.

Criminal Action

Under Florida law, causes of action arising from a criminal acts when the person who causes the harm intends to cause injury or death to another person or is careless with regard to the safety of other people. 

Criminal litigation generally arises from the making of a police report following a criminal act.  The police agency presents their reports to the State Attorney's Office for a filing decision.  The case is presented for filing to the State Attorneys Office in the jurisdiction where the crime took place.  The case is entitled "State of Florida" vs. "the Defendant".   While the Defendant may be charged with a crime, resulting from their intention or reckless acts, the Victim is not considered a party to the case, only a witness.  THE STATE ATTORNEY'S OFFICE DOES NOT REPRESENT THE VICTIM IN A CRIMINAL CASE!!  This is why it is very important for a Victim in any criminal case to have an attorney who will represent their interest in the criminal case -- because, while the Victim may not be a party, the Victim has an interest in the outcome of the case, and may be entitled under Florida law to Restitution at the end of the case.  (Restitution is money damages paid by the Defendant in reparation to the Victim for the crime committed.)  Additionally, the Victim may also be entitled to receive moneys from the Crime Victim's Compensation Fund to compensate them for any monetary loss suffered as a result of the crime (medical bill, residential displacement, lost wages, etc.)  A Victim's Rights Attorney can be very beneficial to a Victim during the criminal case, as the Victim may also have a Civil cause of action against the defendant after the criminal case has concluded.  Further, having an attorney will assist the Victim in getting advice prior to giving testimony in the criminal case, as any testimony given in the criminal case may affect the outcome of the Civil action, as well.  (Common cases for Criminal Victim Representation are DUI with injuries, DUI Manslaughter, Battery, Aggravated Battery, Robbery, Purse Snatching, Theft, Violation of Injunction, Stalking, False Imprisonment, Aggravated Stalking, etc.)

ATTENTION TO THOSE REGARDING PROTECTION OF THE ELDERLY -- FOR MORE INFORMATION ON HOW TO PROTECT YOURSELF FROM CRIME (CLICK HERE)

Civil Actions

An intentional tort arises when a person intends to commit the wrongful act which results in injury. Usually, it does not matter if the injury is intended, or if the injury suffered is far more severe than was intended.

In a civil action an injured person must show that the defendant owed him a duty to exercise reasonable care, that the defendant violated that duty, that his/her injuries resulted from a disregard or breach of duty, and that the injuries were a reasonably foreseeable result of the violation. In the context of a DUI automobile accident, the driver of a car owes other drivers the duty to drive safely and to keep his/her car under control at all times.  While it is foreseeable that mistakes made while driving can result in accidents which may cause serious injuries to other people.  A person who is found guilty of DUI in a criminal case, where a person was injured in a car accident is in a much better position to argue that the driver who caused the accident was legally "negligent" and thus should pay compensation for the injuries caused by the accident. 

Additionally, if the action is an automobile accident and the defendant was ticketed or charged with a commission of a crime at the time, such as DUI, or driving on a Suspended License, the chances of receiving a positive result are increased.  However, if the defendant was without insurance at the time, the options for recovery may be limited if the defendant does not have recoverable assets that may be liquidated.  (Hence the old saying, "You can't get blood from a rock.")  This is why having an attorney to assist you during the pendency of the criminal action is important, again, you may be entitled to receive compensation for damages from the Crime Victims Compensation Fund, by simply participating in the criminal action, even if the Defendant is unable to pay.

In many situations, negligence actions may arise from injuries or damages received as a result of being the victim of a crime committed on private or public property.  For example, if a victim of a purse snatching is injured during the crime and the crime took place where the owners or lessees of the property were aware of security or crime concerns but did not take reasonable measures to protect those who visited the property, the owner/lessees of the property may be held financially responsible for the crime committed by someone else on their property. (i.e. robbery or auto theft occurring in a mall, grocery store or government building parking lot.)

From a legal perspective, it can be difficult to obtain compensation from a person who commits an intentional tort, as most insurance policies do not cover intentional wrongful acts. However, sometimes injuries result from the acts of more than one party, or multiple causes of action may arise from the same act. For example, a daycare center has a duty to provide adequate supervision of its premises to make sure that the children are safe from harm, including keeping them safe the foreseeable wrongful acts of third parties. If a person molests a child, that is considered to be an intentional act. However, if the daycare center allows strangers to access the premises, or does not adequately screen or supervise its employees, and a child is molested as a result of the daycare center's lack of care, the daycare center's conduct may support a legal cause of action for negligence.

Common intentional torts include assault and battery, child abuse, and defamation of character, DUI with injuries, DUI Manslaughter, Battery, Aggravated Battery, Robbery, Purse Snatching, Theft, Violation of Injunction, Intentional Infliction of Emotional Distress (the civil action which may follow Violation of Injunction, Stalking, or Aggravated Stalking). Most criminal acts will support a civil lawsuit based upon the intentional wrongful conduct of the criminal.

 
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