Victims of Crimes May be Entitled to Compensation

Negligent Security cases involve individuals who have been attacked and injured on a business owner's property, when the business owner is negligent of failing to provide proper security in the area.

Our firm recently handled a case in which our client, a tourist in South Florida, was buying dinner at a local restaurant to take home. While walking home, and still in the shopping center where the restaurant was located, our client was attacked from the back, struck with an unknown instrument against his head, and kicked until unconscious. The suspect stole our client’s wallet, cell phone and money.

One of the main issues highlighted in our lawsuit was that the owners of the shopping center had a duty to guests, such as our client, to maintain the premises in a reasonably safe condition. They breached this duty by not providing adequate security, not correcting a dangerous condition of which they knew or should have known existed, by not warning visitors of previous criminal acts and other acts of violence which had taken place on or about the premises, and by not providing adequate security guards and other security mechanisms to guard the premises.

Throughout our investigation, we discovered that in the three years prior to our client’s attack more than 400 incidents had been reported in the area each year including, but not limited to, burglary, larceny, auto theft, vandalism, suspicious person, robbery, assault, disturbance, and injured persons.

In our case, we were able to establish that the business owner knew, based upon past experiences, of a likelihood that their patrons would be endangered and attacked, and failed to implement proper procedures for the safety of their patrons.

In the end, our client received a six figure settlement and payment of all medical expenses relating to the case.

Be Prepared to Document Your Hurricane Claim Before it Occurs

It’s summertime in Florida, which also means it’s the beginning of hurricane season. Your home and personal property are your most important and cherished assets. If you have done all you can to protect your property before a hurricane, you have little control over the damage that is done by the storm.

Following are 10 things you should do to make sure that your claim is paid fairly and on time:

1. Before hurricane season begins, review your policy to make sure you are properly insured and understand your coverages.
2. If you have any questions or don’t understand your policy, make an appointment with your agent to go over it.
3. Once the hurricane is headed our way, insurers will not make changes to your policy.
4. Be prepared to document a claim before it occurs.
5. Take still pictures or videos of your house and personal belongings to insure there is no doubt as to what you owned before the storm.
6. Gather receipts for expensive items you may have purchased.
7. For those without a receipt, create an inventory: make, model, year of purchase and cost.
8. Save information in a safe place where it cannot be destroyed.
9. Consider an electronic copy of these documents or sending a copy to a friend or family member out of state.
10. If you can’t get your claim paid in a timely manner or your claim is denied, hire an attorney.

Our attorneys can demand an appraisal of your claim, which is a process whereby each side selects an appraiser to assess the damages. If the appraisers cannot agree on the value of the claim, they select an impartial umpire to make the final decision. Our firm can handle your claim on a contingency fee basis, which means you do not have to pay a fee unless your claim is paid. Also, if you have to file a lawsuit against your insurance carrier, and you prevail, the insurance carrier will be responsible for your attorney fees.

Questions regarding this matter or similar issue?
Call our office for a free consultation. Broward: (954) 653-9969; Miami-Dade: (305) 259-7100 or Fort Myers Area: (239) 332-0268.