Miami crime victim attorneys

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

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

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 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.

October 2, 2014

Miami Club “The Spot” Hosts Minors and Gun Violence

by Gerson & Schwartz, P.A.

Liberty City nightclub, The Spot, was the scene of a massive shooting on Sunday, September 28^th early in the morning. The nightclub which is located at NW 7^thave and 64^th street in Miami, was hosting a party when gunfire broke out randomly throughout the club. According to sources, 15 people were shot, including many under the age of 21. It was initially reported that the club obtained a liquor license this past April and was legally permitted to serve alcohol until 3 am. Yet, its doors appear to have been open to minors of nearly all ages. In fact, a young girl only 12 years of age was in the nightclub during this shooting. One of those critically wounded was a 15 year old boy.

As the criminal investigation continues, more information about the potential negligent and illegal operations of this business are trickling in. Our Miami Crime Victim Lawyers are keeping a close eye on the criminal investigation and representing one of the innocent shooting victims. Earlier today, news reports were that the club manager was arrested. It was also reported that the club was licensed to operate as a business but not a “nightclub”. Other news reports state that the “Spot” may only have been licensed to sell beer and wine only.

Under Florida common law negligence principals, property owners and operators have a duty to maintain their premises in a reasonably safe condition. The latest news reports of numerous violations may be proof of not just ordinary but “gross negligence” under Florida law. This could open the door to potential punitive damages under Florida Statutes 768. 72.

According to sources, there may have been 2 shooters involved. However, no suspects have been arrested. The only lead the police have is that the getaway vehicle may have been a white car.