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Dedicated assault victim representation grounded in over 15 years of plaintiff-side civil litigation.
If you or a family member has been assaulted in Sunrise because a business, apartment complex, or employer neglected its security obligations, a civil lawsuit against that negligent party may be an option. The civil claim is a separate legal process from the criminal prosecution. The criminal process is run by the state and deals with the attacker. The civil claim is yours, and it goes after the property owner or management company that let security lapse.
Newman Injury Law, PLLC has represented injury victims across South Florida since 2010. Our Sunrise, FL assault victim lawyer can evaluate your civil assault claim at no cost. Reach out for a free case evaluation.
Assault Victim Lawyer Sunrise, FL
The criminal case against the assailant is handled by the state. That is the criminal side, and its purpose is accountability through the criminal justice system. The civil side is entirely different. It is brought by the victim, and its goal is compensation for medical costs, lost income, and the physical and emotional harm that resulted from the assault. The civil case does not depend on whether the criminal case results in a conviction. Many assault victims in Sunrise pursue civil claims regardless of what happens in the criminal case.
These claims typically fall under premises liability and negligence law. The attorney’s job is to identify the party responsible for security at the property and build the evidence to prove that negligence contributed to the assault.
Types of Assault Cases We Handle in Sunrise
Newman Injury Law, PLLC represents assault victims and their families throughout Sunrise and Broward County. The settings where these assaults take place are varied, but one question runs through every case. Was someone responsible for security at this property, and did they fall short? Here are the civil assault claims we handle.
- Assault at bars, nightclubs, and entertainment venues. These are high-risk environments. Alcohol is flowing, emotions run high, and crowds make it difficult to monitor individual interactions. When a bar or nightclub fails to maintain adequate security staffing, crowd control, or surveillance, and a patron is assaulted on the premises, the operator may face civil liability for that failure.
- Assault at apartment complexes. Residents of apartment complexes in Sunrise are entitled to reasonable security measures at their building. Broken locks, unsecured gates, missing cameras, and poor lighting all create conditions that make an assault more likely. When the property owner fails to address those conditions, civil liability may follow. A history of criminal activity at the complex makes the foreseeability argument even stronger. Victims of apartment shootings and sexual assaults at residential properties may also pursue civil claims under these theories.
- Assault at retail stores and shopping centers. The duty of care a retailer owes its customers extends beyond the store entrance. It covers the parking lot, the aisles, and every other area where a customer has a reason to be. No cameras, no guards, poor lighting in the lot. These are the kinds of security failures that can give rise to civil claims when a customer is assaulted.
- Workplace assault. An employer who hires without running background checks, ignores complaints about a coworker’s threatening behavior, or fails to enforce safety policies may face civil liability when an employee is assaulted at work. These claims come up in healthcare settings, offices, warehouses, restaurants, and other work environments where the employer’s negligence contributed to the assault.
- Assault at hotels and hospitality properties. Guests at hotels and resorts are owed a heightened duty of care under Florida law. A broken lock on a guest room door, an unmonitored hallway, an unsecured side entrance. Any of these security gaps can contribute to an assault, and hotel and hospitality claims focus on whether the operator took the precautions a reasonable business would take.
- Assault in parking lots and garages. Dark parking areas with no cameras and no access control are among the most common locations for assaults. When the property owner or parking operator has failed to install basic security measures and a person is assaulted as a result, that failure may give rise to a civil claim.
- Assault resulting in wrongful death. A fatal assault gives the surviving family the right to bring a wrongful death claim against the negligent property owner. Florida law specifies who may file and what damages are recoverable, including funeral expenses, lost financial support, and loss of companionship.
Why Choose Newman Injury Law, PLLC for Assault Cases in Sunrise, FL?
Plaintiff-Side Civil Litigation in Broward County
Founding attorney Jared K. Newman has been a member of the Broward County Bar Association and the Miami-Dade Bar throughout his career. He graduated from the University of Florida with a B.A. and went on to earn his J.D. from South Texas College of Law Houston. He has been licensed in both Florida and Texas since 2010.
His practice is plaintiff-side civil litigation. He represents individuals who have been harmed by the negligence of property owners, businesses, and institutions. That includes personal injury cases in Sunrise built around premises liability, negligent security, and wrongful death claims.
Proven Recovery for Clients Across Florida
Newman Injury Law, PLLC has helped clients recover millions of dollars in personal injury and negligence cases throughout Florida. The firm will not recommend a settlement that does not reflect the full scope of the harm the victim has suffered.
Understanding Assault Cases
Damages, Liability, and Compensation for Assault Cases
In most civil assault cases, the defendant is not the attacker. It is the property owner, the business, or the institution that was supposed to maintain security on the premises. The attacker may also be named, but the civil claim is built on the negligence of the third party that let security fail.
What compensation is available? Economic damages cover the losses that come with invoices and pay stubs. Medical bills, surgery, hospitalization, therapy, lost wages, diminished earning capacity, and any costs tied to relocation or changes in living situation. Non-economic damages cover the losses that do not arrive in the mail. Pain and suffering, psychological harm, emotional distress, and the way the assault has altered the victim’s daily life on an ongoing basis.
Florida’s modified comparative negligence rule applies. If the defense argues the victim shared some fault, the recovery goes down by that percentage. At 51% or more fault assigned to the victim, the recovery is eliminated completely.
Important Aspects in your Assault Victim Case
Several issues tend to drive the value and outcome of a civil assault claim.
Prior criminal activity at the property is usually the strongest piece of evidence. If other assaults, robberies, or violent incidents had occurred there before, and if the owner had received complaints about security failures and still did nothing, the foreseeability argument becomes very difficult for the defense to overcome. A pattern of ignored warnings is one of the most damaging things a property owner can have in their record.
Evidence preservation has a narrow window in assault cases. Security camera footage at most properties is overwritten within a few days. Incident reports, guard logs, and maintenance records can disappear if they are not formally requested early. That window closes fast, and what is lost during it usually cannot be recovered.
The duty owed by the property owner varies depending on who was assaulted and what their legal relationship to the property was. A tenant, a hotel guest, a shopper, and an employee are each owed a different standard of care, though none should be left in an environment with no reasonable security at all.
Assault Victim Case Timeline
How long a civil assault case takes depends on the injuries, how many parties are involved, and whether anyone on the defense side is willing to acknowledge responsibility. Some cases wrap up in months. Others take well over a year.
The victim’s health and safety come before any legal action. Medical care, mental health treatment, and personal safety are the priorities in the early stages.
Once the victim decides to move forward, the investigation begins. The attorney looks at who owned and managed the property, what security was in place, whether there had been prior incidents, and what evidence is still available to preserve.
After the investigation, a demand goes to the property owner’s insurer. Negotiation resolves some cases. When it doesn’t, a lawsuit is filed. Discovery, depositions, and trial preparation follow from there.
What to Bring to Your Assault Victim Consultation
Any documentation you can bring to the first meeting will help the attorney assess the claim. If available, bring the following.
- Police reports or incident reports from the assault
- Medical records, hospital bills, and therapy or counseling records
- Photos of the location, including lighting, access points, and security features that were present or absent
- Any written correspondence with the property owner, employer, or management company
- Witness names and contact information
The attorney will review what you bring and provide a confidential assessment. There is no charge for the initial consultation at Newman Injury Law, PLLC.
Florida Legal Resources for Assault Victim Cases
Florida law gives assault victims the ability to pursue civil compensation from property owners who let security deteriorate. To research the applicable statutes on your own, the following resources are helpful.
The Florida Legislature website has the full text of state statutes, including the deadline for filing negligence-based civil claims. The Office for Victims of Crime offers federal victim compensation information and crisis support for people affected by violent crime.
The filing deadline for most negligence-based personal injury claims in Florida is two years from the date of the incident. The modified comparative negligence rule eliminates compensation for any plaintiff found 51% or more at fault. Both of these provisions went into effect on March 24, 2023, under House Bill 837.
Reach Out to Newman Injury Law, PLLC to Schedule a Consultation
If you have been the victim of an assault in Sunrise, FL, Newman Injury Law, PLLC can evaluate your civil claim in a confidential setting. There is no cost for the initial consultation. Contact us to speak with an assault victim attorney about your case and the legal options available to you.