Articles Posted in Crime Victims

MIAMI, FL— August 3, 2011 – Officials from the Lauderhill Police Department are on the lookout for a gunman who shot and killed a 34-year-old Coral Springs newlywed and father of three in the parking lot of a Broward County apartment complex. According to information provided by the Orlando Sentinel, the shooting victim was allegedly attempting to “make peace” between two people who were bickering outside the Olive Tree Apartments, located at 2051 NW 43rd Terrace, on June 30.
Reports indicated a man and a woman, both of whom remained unidentified, were arguing over money when Brandon James Lee approached them and tried to calm the quarrel. According to Samuel Preston, who was initially playing a game of cards with Mr. Lee, an unidentified man appeared from around the corner and began shooting just after 12 a.m.
Bystanders contended the gunman seemed to open fire upon suspecting that a certain group of people (who were hanging out on the north side of the complex at the time) had been disrespectful to the woman who was involved in the original dispute over $40. Preston told reporters that Lee suffered a gunshot wound to the back as he tried to run away from the gunman. He then suffered two additional bullet wounds during the Broward County shooting.
Friends of the shooting victim subsequently took him to Florida Medical Center. Lee’s traumatic injuries proved fatal after he was transferred to Broward General Medical Center. Reports note that Lee got married only a couple weeks prior to his death. It did not appear as if any others suffered any wounds during the shootout.
Reports did not specify whether there are surveillance cameras in place or security guards on duty at the Broward apartment complex. Nevertheless, investigations into the fatal South Florida apartment shooting, along with the search for the shooter who fled the scene, were expected to be underway.

Working closely with advocacy groups such as the National Center for Victims of Crime (NCVC), the Miami premises liability attorneys of Gerson & Schwartz have extensive and successful experience representing clients in all areas of security negligence and premises liability law. Having already spent more than three decades litigating a variety of complex injury and assault claims, the South Florida injury attorneys of Gerson & Schwartz, P.A. will fight to help crime victims obtain the justice a compensation they deserve.

Continue reading

MIAMI, FL—Officials at the University of South Florida (USF) recently reported that there appeared to be an upsurge in the number of sexual assaults reported on the Tampa-based campus, which accommodates approximately 40,000 students. According to information provided by the St. Petersburg Times, USF authorities noted that although seven sexual assault victims reported their cases last year, the highest tally since 2000, the general underreporting of college rapes makes it is hard to determine the true extent of the problem.

Reports indicated that compared with the number of sexual assault reports received by USF campus officials during an average year, there was more than a threefold jump during the year 2009. According to Nanci Newton, the director of USF’s Center for Victim Advocacy & Violence Prevention, the increase in sex assault reports suggests that more victims were taking the initiative to actually speak up about their attacks.

While all seven of the USF rape victims who came forward reported being attacked by individuals they knew or were even “dating” at the time, several factors often leave victims of so-called “acquaintance rapes” unable to obtain justice. For instance, proving a lack of consent can be a difficult process, even if the alleged attacker provides a signed confession. This is because unless prosecutors have another means of proving that the rape genuinely occurred, a signed confession cannot be considered a legitimate form of evidence.

Furthermore, Newton noted that since alcohol tends to play a role in many on-campus sexual attacks, it is hard to prove that the victim didn’t provide consent while drunk. Thus, jury members have been known to place blame on women who are intoxicated when they attacked. “Nobody understands the ruinous impact it has on the victim… She was defenseless, helpless,” Newton maintained.

With the U.S. Department of Justice (USDOJ) estimating that 95 percent of college rapes go unreported, it is not surprising that the problem has been referred to as a “silent epidemic” in the past. Shockingly, Justice Department statistics suggest 1 in 4 female students will fall victim to sexual assault or rape at some point during their college careers.

Continue reading

Many law enforcement agencies and state attorney offices in Florida have victims’ advocates, people paid to stay in contact with crime victims and their families throughout the criminal process. The Miami Herald recently reported on such a position at the Hialeah Police Department.

But while these people can aid crime victims through the criminal process, only a Miami personal injury law firm can aid crime victims through the civil process. While many crime victims believe their time in court ends when a defendant is found guilty and is sentenced, there are often avenues for Miami crime victims to recover money stemming from certain criminal acts.For more than 30 years, dedicated Miami personal injury lawyers have fought for victims of crime in Florida courts. Over this span of years every type of crime victim lawsuit has been brought, from murder to assault and clergy abuse. Individuals, businesses and governments can often be sued when a crime is committed.

Florida has services available to aid victims, such as a compensation program for victims through the Attorney General’s Office. That office also can aid in obtaining financial assistance for medical care, lost income, mental health services and funeral expenses. Click here to find a list of South Florida law enforcement victim advocates.

Florida has a Victims’ Bill of Rights that states victims and their families have a right to be informed, present and heard when relevant at all critical stages of a criminal proceeding. It is a Florida Constitutional Amendment and it is important in making sure criminal victims are heard and well represented by the state.

But even the Attorney General’s reach is limited. The funds available in its compensation fund may not sufficiently help a crime victim or their family. And sometimes only a lawsuit and successful jury trial can be the answer to help get a family back on track financially.

Criminal closure is one thing, but after that, you may need justice from the business or individual who wronged you or your family. Choose a firm that will fight for your rights and hold the criminals accountable.

Continue reading

On November 22, 2010 a Miami-Dade County jury decided that Defendant Tenet Healthcare Systems d/b/a North Shore Hospital was negligent and thus legally responsible for a sexual assault by one of their patients on another patient in the hospital. The sexual assault took place in the behavioral unit of North Shore Hospital in 2007. After a six day trial the jury deliberated for nearly 4 hours before unanimously awarding $1,310,000. The case was tried by Philip M. Gerson, Nicholas I. Gerson, and Edward Schwartz of Gerson & Schwartz, P.A.

Continue reading

Expensive rentals and condominiums provide extensive security programs to protect residents and guests. Low income renters often don’t get the same protection as more affluent apartment dwellers. Legal protections exist for government supported properties. Though not well known by the public many requirements for safety and security are mandated by federal statutes and regulations for subsidized housing. Developers and managers get rent subsidies, guaranteed loans, tax credits and other accommodations to encourage availability of housing for economically disadvantaged persons. Our law firm has identified these requirements and used them to establish the standard of care and duty owed to residents and guests. Where violations occur we have successfully helped victims recover money for their injuries.

Continue reading

Gerson & Schwartz, PA recently obtained a $240,0000 settlement for our client who was assaulted in her apartment complex. Our client, had returned home one evening and parked her vehicle in her assigned space in the parking lot area in front of her second floor condominium apartment. As she exited her vehicle she was grabbed by a young black male, pulled out of the vehicle and thrown to the asphalt pavement. The man got in her vehicle and drove off the property.

Continue reading

Contact Information