Were you or a loved one a victim of sexual assault in Miami, Florida? You may be entitled to seek compensation in civil court from your attacker and anyone whose negligence allowed the attack to happen. An experienced Miami sexual assault lawyer at Shaked Law Personal Injury Lawyers can help you recover money for medical bills, lost wages, and your pain and suffering.
We’ve represented thousands of injured clients in South Florida since we were founded in 2007. Our lawyers have won hundreds of millions of dollars in compensation for them in the process.
Let us help you fight for justice. Call our law offices in Miami, Florida at (305) 937-0191 to schedule a free consultation today.
How Shaked Law Personal Injury Lawyers Can Help With a Sexual Assault Claim in Miami, FL
Sexual assault and battery is a crime in the state of Florida. It’s also a civil tort. An intentional tort is a type of wrongful act that causes another person harm. Victims have the right to take action and file a claim for compensation against anyone whose negligence or wrongdoing caused the assault.
You deserve to hold all responsible parties accountable to the fullest extent of the law. Our experienced Miami personal injury lawyers at Shaked Law Personal Injury Lawyers are well-prepared to fight for you.
Our law firm was recognized with Avvo’s Clients’ Choice Award for our top-quality representation of accident victims in South Florida. We also maintain a perfect-10 Avvo rating. Collectively, we have more than 100 years of experience handling complex cases like yours–and we’ve recovered millions.
When you hire us, you’ll have a trusted advocate to:
- Locate all relevant evidence
- Identify all responsible parties and insurance compensation
- Hire experts and specialists to offer insight and guidance
- Calculate the fair value of your personal injury case
- Negotiate with the insurance companies and defense lawyers to maximize your compensation
You don’t have to handle this fight alone. Our Miami personal injury attorneys will do everything we can to help you seek justice. Just call our legal team to schedule a free case review to learn more about an attorney-client relationship.
How Common is Sexual Assault in Miami?
Sexual battery is a common problem in the United States. It’s something that can happen to anyone. In fact, research shows that someone in the U.S. is sexually assaulted every 68 seconds. One in every six American women has been a victim of rape or attempted rape.
Sexual assault is also a problem across Florida. In 2019 alone, 1,408 sex crimes were reported in Miami-Dade County. That number includes rape, attempted rape, and other types of sex offenses.
Of course, it’s difficult to trust the data. Research shows that approximately 80% of all rapes and sexual assaults are never reported.
What is My Miami Sexual Assault Case Worth?
We know it’s impossible to put a dollar value on the damage caused by sexual assault. However, money is the only remedy that a personal injury lawsuit can offer.
So, we’ll evaluate the circumstances of your case and use our experience to assign a dollar value to your losses. Often, we’ll enlist the help of experts who can offer specialized guidance.
Factors that will influence how much your personal injury claim is worth include:
- The severity of your physical and emotional injuries
- The cost of your medical treatment, counseling, and therapies
- The nature of the defendant’s actions
- How the assault changed your life
- Your lost wages and income
You can count on our sexual abuse lawyers in Miami to identify every source of insurance coverage possible. Once we identify all responsible parties, we can demand fair compensation from each and every person who contributed to your pain.
What Types of Damages Are Available to Victims of Sexual Assault?
Typically, personal injury laws classify damages as economic or non-economic in nature. Economic damages are financial losses.
Sexual assault victims can recover compensation for:
- Past and future medical expenses
- Lost wages and income
- Reduced earning potential
- Physical therapy
- Psychological counseling
- Property damage
- Any other out-of-pocket expenses
We’ll use receipts, records, and even expert testimony to put a dollar value on your economic losses.
Non-economic damages are more difficult. They’re personal. Some examples of the non-economic damages that we’ll pursue on your behalf include:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Damage to relationships
- Loss of consortium
Your attacker may also be liable for punitive damages. Rather than compensate for any specific loss, punitive damages are meant to punish the defendant for intentional wrongdoing or malicious actions.
Regardless of the circumstances, we’ll fight to ensure you receive a settlement or verdict that accounts for all of the harm you’ve suffered. We can’t erase the damage–but we can fight for the money you need to help you get back on your feet again.
We’ll Fight to Recover Compensation for All of Your Injuries
At Shaked Law Personal Injury Lawyers, our attorneys know that sexual assault is much more than a physical attack. Yes, you may suffer severe physical injuries. However, the emotional scars can last well after the physical damage has healed.
Our team is committed to recovering damages for the full range of injuries you’ve suffered. Unfortunately, the list of potential injuries is virtually limitless.
However, some of the most common sexual assault injuries include:
- Broken bones
- Soft tissue damage
- Lacerations and puncture wounds
- Concussions and other traumatic brain injuries
- Facial injuries
- Dental injuries
- Spinal cord damage
- Head and neck injuries
- Back injuries
- Internal injuries
- Sexually transmitted diseases
- Unwanted pregnancy
- Genital injuries
- Catastrophic injuries
- Wrongful death of a loved one
If you’re struggling in the aftermath of an attack, don’t hesitate to reach out to our law firm for help today.
Who Can Be Held Responsible for Sexual Assault Injuries in Florida?
Your attacker is the person who made the indefensible decision to commit a crime. With any luck, your attacker may be facing criminal charges. We can also hold your attacker financially liable in civil court.
You may also be entitled to recover compensation if your attacker is acquitted or is never located. Negligent third parties may also share responsibility. Under Florida comparative fault laws, anyone whose negligent or wrongful acts contributed to your injuries can be held liable.
Depending upon where the assault occurred, the following parties may be liable for damages:
- Landlords and apartment buildings
- Business owners
- Bars and restaurants
- Property owners
- Hospitals and nursing homes
- Colleges, schools, and universities
- Cruise ships
- Sports and entertainment venues
- The attacker’s employer
- Government entities
In Florida, your attacker can only be convicted in the criminal justice system if the state can prove their case beyond a reasonable doubt. The standard is much lower with a civil claim. You can recover compensation under a “preponderance of the evidence” standard.
The lower standard makes it easier to hold your attacker liable in civil court if there isn’t enough evidence for a criminal conviction.
Why is Proving Negligence Important If I Was Sexually Assaulted in Florida?
Your attacker can be held responsible for intentional wrongdoing. If the abuse occurred on someone else’s property, the property owner can also be held liable for negligence under Florida premises liability laws.
Florida property owners have a duty to keep their property reasonably safe for invited guests, customers, and other authorized visitors. That duty includes providing adequate security. What constitutes “adequate security” will vary from case to case.
When taking security precautions, property owners are required to consider factors, such as:
- Prior criminal activity in the neighborhood
- The likelihood that a crime may occur on their property
- Whether they’re operating a type of business where violence may occur (bars, nightclubs, etc.)
By taking simple precautions, property owners may be able to prevent attacks from occurring on their property.
Depending on the situation, your assault may have been prevented if the property owner had:
- Installed adequate lighting
- Hired security guards
- Locked gates and fences
- Installed video surveillance cameras
- Repaired locks
- Properly trained employees to handle situations involving violence
Negligent security is a type of premises liability claim. Business owners in Florida have a duty to inspect their property and fix dangerous conditions. If you were sexually assaulted and a business owner breached their duty, you may be entitled to damages.
Do you have questions about your legal rights? Call an experienced Miami sexual assault attorney at Shaked Law Personal Injury Lawyers for free legal advice today.
How Long Do I Have to File a Personal Injury Lawsuit After an Attack in Florida?
The statute of limitations in Florida is four years for assault cases and other claims based on intentional torts. Victims must take legal action within four years of the date they were harmed. Otherwise, they risk losing their right to financial compensation.
However, if your case is based on negligence — such as negligent security — you will likely be subject to a two-year deadline. Negligence claims in Florida used to have a four-year statute of limitations, but the state revised its law on March 24, 2023. Thus, if your sexual assault occurred after that date and you have a negligence cause of action, you have two years to pursue a lawsuit.
Contact a Miami Sexual Assault Lawyer for a Free Consultation
Money can never erase the pain you’ve suffered. It won’t put your attacker behind bars. It can, however, help you hold all responsible parties accountable. When you’re ready to learn more, call an experienced Miami sexual assault lawyer at Shaked Law Personal Injury Lawyers for a free consultation.
Our personal injury law firm in Miami, FL also provides:
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- Sexual Assault Lawyers in Miami
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