Crime Victims

December 20, 2022

Florida’s Statute of Limitations for Child Sexual Assault

Sexual assault and sexual abuse of a child are horrific crimes, which is why a recent Florida law gives the criminal justice community an unlimited amount of time to pursue charges. However, victims also have civil remedies for the mistreatment they suffered. Instead of jail time, the point of a civil lawsuit is to compensate the victim for their physical, emotional, and financial losses. In these cases, the deadline is different. The basic Florida statute of limitations for personal injury cases is four years, subject to some exceptions. If you do not file suit within this timeframe, you are barred from recovering damages.

Two key exceptions apply when the wrongdoing is intentional abuse, and the victim is a minor, both of which could be factors in child sexual abuse cases. The nature of the misconduct is criminal and extreme, so victims have additional time on their side to file a lawsuit. A Miami crime victims attorney will guide you through the litigation process, and some information about the different statutes of limitations is useful.

Deadlines for Child Sexual Abuse Civil Cases

January 15, 2020

As Surviving R. Kelly Part II Premieres, Sexual Assault Civil Cases Proceed

by Gerson & Schwartz, P.A.

Just a year after the first season shocked and appalled viewers who got a glimpse into the disturbing world of hip-hop artist R. Kelly, the latest installment of Surviving R. Kelly Part II: The Reckoning began airing its second season on the Lifetime Network. Entertainment Weekly covered the story in a January 6, 2020 article, revealing some of the key updates and developments that occurred over the last 12 months. The performer is now facing 21 counts of sexual assault and abuse at the state level, along with a federal indictment that includes 13 counts of sex crimes.

In addition, many survivors of R. Kelly’s alleged sexual assault are taking legal action in civil court to recover monetary damages for their losses. A Miami personal injury attorney can explain how these cases work, the ways they differ from criminal matters, and why various hurdles could affect your rights.

Legal Liability in Sexual Assault Civil Claims

October 30, 2017

String of Crime on Miami Beach Prompts Early Closure

by Gerson & Schwartz, P.A.

According to various reports, Miami Beach Commissioners recently voted to close Miami Beach east of the dunes at 10 p.m. The decision to close the beach two hours earlier is an attempt to curb crime and keep both residents and tourists safe. The beach will continue to open at 5 a.m.

The vote was prompted by a recent string of violent crimes and thefts that have occurred late at night, including the vicious assault and rape of a tourist on the beach that happened over the summer, after the woman had fallen asleep.

Proponents of the earlier closure asked the commission to engage in an educational outreach designed at educating the public about the reasons for the change. In response, the commission stated that it was investigating the best ways to engage in an information campaign, including signs and other outreach.

February 27, 2017

Shot in a Donut Shop: Suing for Negligence After a Firearms Accident

by Gerson & Schwartz, P.A.

For many people, the day doesn’t really start until they have had their morning coffee. Usually, the worst thing that happens while trying to get a caffeine fix is that the line at the coffee shop is too long. For one South Florida woman, her morning coffee stop ended in a trip to the hospital after she was accidentally shot by another patron’s firearm.

When a gun owner fails to follow proper gun safety protocols, he or she can be liable for any injuries that occur. If you have been injured by an act of negligence, a Miami personal injury attorney can help you get the compensation you need to recover from your injuries.

Gun Owner Negligence Can Lead to Civil Lawsuits

January 6, 2017

Ft. Lauderdale Airport Shooting. Was this preventable? Is Canadian Airlines Legally Responsible?

by Gerson & Schwartz, P.A.

South Florida’s worst nightmare became a reality shortly after 1 pm January 6, 2017. According to reports, at least 5 people were killed and 8 others were seriously injured after a gunmen opened fire shooting innocent bystanders in Terminal 2 at the Fort Lauderdale airport. Early news reports state that a 20 year old passenger on board a flight from Alaska to Florida had the firearm in his checked luggage. When he arrived to the airport, he was able to retrieve the firearm and then started opening fire. The suspect was apprehended and has been identified as Esteban Santiago. It is unknown what motive played a role.

According to TSA regulations, passengers can transport firearms in a hard locked container. However, the hard containers need to be secured and or locked and the firearm must be declared prior to boarding. Whether or not Santiago was lawfully permitted to own or possess the firearm is unknown. So is whether or not he did in fact check the firearm consistent with TSA regulations on this flight. Obviously, this will all need to be carefully reviewed and investigated.

Personal injury lawyers with experience handling negligent security claims will likely want to know if all of the proper safety and security procedures were followed. If not, this may create legal liability on behalf of the airlines or potential other third parties. It’s still too early to tell what if any negligence may have played a role in this tragedy and if this tragic event could have been prevented, according to the personal injury and crime victims lawyers at Gerson & Schwartz, PA. www.injuryattorneyfla.com (877) 475-2905.

June 10, 2016

Robbery in the Sunshine State is Not Rare

by Gerson & Schwartz, P.A.

Here in the sunshine state, criminal cases of robbery are not rare. Thousands of Florida residents are victimized by this dangerous crime. Per Florida Crime Rates, there were 24,914 robberies in the year 2014 alone. According to the Tift County Sheriff’s Office, deputies recently responded to an armed robbery in the area of Thornhill Road and Rainwater Road. The victim of this robbery was a 16-year-old boy who was robbed at gunpoint. $80.00 was taken from him. Before officers arrived at scene, the suspect drove off. He then abandoned his vehicle and fled on foot into the area of Third Street and South Park Avenue.

The young boy in the above case is lucky to have survived this incident. Many people do not. If you or a loved one has been the victim of a crime, contact the Miami, Florida crime victim lawyers of Gerson & Schwartz, PA a FREE consultation. We are available at (877) 475-2905 and at info@gslawusa.com. You will not owe any attorney’s fees unless we collect money on your behalf. Se Habla Español. If you speak another language we will find a way to translate so we can listen and advise.

Robbery Defined

June 3, 2016

Burglary in Florida

by Gerson & Schwartz, P.A.

Oh, the joys of living in Florida! The warm weather, the beaches, the activities, the list goes on. Yet, what we do not want to speak of is Florida’s high burglary rate. Burglary is unfortunately a common crime here in the great state of Florida. In the year 2014 alone, there were 143,220 reported burglaries in Florida! Earlier this week, on Memorial Day, a 40-year-old male, Greg Cruz, was arrested for burglary of a Bradenton church. Mr. Cruz is accused of stealing video and audio equipment from the church. Cruz gained access to the church by breaking through a window.

If you or a loved is a victim of a burglary, it is imperative that you hire an experienced attorney. The crime victim lawyers at Gerson & Schwartz PA have the experience and skill needed to best protect your interests. For more information call us toll free at (877) 475-2905 or contact us online to set up a FREE initial consultation.

Burglary in Florida

May 27, 2016

Fatal DUI Accidents and Wrongful Death in Florida

by Gerson & Schwartz, P.A.

Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.” In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge. Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age. Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at (877) 475-2905 or contact us online to set up a FREE initial consultation.

May 6, 2016

Credit Card Fraud

by Gerson & Schwartz, P.A.

In short, credit card fraud refers to the theft and fraud committed using or involving a payment card, such as a debit card or credit card, as a fraudulent source of funds during a payment transaction. The motive for such crime may be to obtain goods without paying for them or to obtain unauthorized funds from an account. Credit card fraud is, unfortunately, not as rare as you may think.

Just recently, a Disney cruise ship rescued three people holding on to a capsized boat around 40 miles north of Cuba. It would later be found that the three individuals were attempting to escape credit card fraud charges in the United States. Two of the three had outstanding warrants on federal charges stemming from New Orleans. A warrant was issued for the third suspect. The suspects were trying to flee to the Communist-led Island. As mentioned above, credit card fraud is among the most common forms of scams. Florida-based rings, in essence, clone stolen credit numbers, encode them onto newer credit cards and then the individual will travel the country, making unlawful purchases. They also purchase gift cards at retailers. The gift cards would then be sold, at a discount, for cash. From these acts, several major retailers have lost millions of dollars. The suspects’ credit card fraud scheme involved the use of 28 fraudulent cards.

It is no fun being a victim of credit card fraud. It may certainly lead you to feel helpless. It is imperative that you retain an attorney for your case. The Miami credit card fraud lawyers at Gerson & Schwartz, PA can provide the help you deserve.

April 25, 2016

Club Extacy Strip Club Shooting; Negligent Security Claim should be investigated says leading Miami Personal Injury Law Firm, Gerson and Schwartz, PA

by Gerson & Schwartz, P.A.

A Miami strip club turned into a deadly crime scene after shots were fired in a parking lot of Club Extacy Gentleman’s club located at 728 NW 79th St in Miami, Florida. According to reports, at least two people were struck by the gun fire. One person was fatally wounded and the other, one Courtney Yarborough was rushed to Jackson Memorial hospital in critical condition. Leading Miami Personal injury lawyers at Gerson & Schwartz, PA are looking into the details about the case because the firm specializes representing crime victims and family members of crime victims for the criminal acts of third parties. The firms has represented numerous victims of violence including victims seriously injured at night clubs and other commercial businesses throughout Miami-Dade and Broward Counties.

Regardless of whether or not there is an arrest, there may be a negligent security claim pursued on behalf of the victims family members. Under Florida law, property owners have a legal obligation to maintain their premises in a reasonably safe condition. Property owners and landlords must provide reasonable safety and security measures for the protection of their guests, and tenants. What is reasonable under the circumstances will depend on a number of factors such as whether or not there was a history of violence on this property. The fact that this incident occurred in a strip club may imply that private security guards and detailed security patrol procedures were necessary in order to provide a safe premises.What the security plan or procedures in existence remain unclear. However, it appears that this not the first time there has been the potential for violence on the premises before this past weekend.

Under Florida law, property owners and business operators, such as the club Extacy operators may be liable if they fail to undertake reasonable security measures. In this case, it appears that a fight may have begun inside the club earlier that evening and was what initiated some of the violence. There are multiple legal theories of legal liability to hold others financially accountable for what transpired. Gerson & Schwartz, PA has over 45 years representing injury victims and their families. For more information, contact Gerson & Schwartz, PA today at 305-371-6000 or email info@gslawusa.com