■•
■•
■
•
■
•
•
T THE
H E NNATIONAL
AT I O N A L CCRIME
R I M E VVICTIM
ICTIM B
A R ASSOCIATION
A S S O C I AT I O N •TTHE
H E NNATIONAL
AT I O N A L C
RIME V
I C T I M BAR
B A R ASSOCIATION
A S S O C I AT I O N
BAR
CRIME
VICTIM
■•
NCVBA NCVBA
NCVBA NCVBA
NCVBA NCVBA
NCVBA NCVBA
NCVBA NCVBA
NCVBA
NCVBA
Civil
Civil
Justice
Justice
for
for
Victims
Victims
of
of
Crime
Crime
in
Florida
DISCLAIMER
•
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N
Civil
Civil
Justice
for
Justice
Victims
forof
Victims
Crime
ofin
Florida
Crime
The information contained in this booklet is not
provided for the purposes of rendering legal advice or
authority. The National Center for Victims of Crime
Theand
National
Crime Victim Bar Association
the National Crime Victim Bar Association
2000specifically
M Street, Suite
480 any liability, loss, or risk,
disclaim
personal DC
or 20036
otherwise, which is incurred as a
Washington,
consequence, directly or indirectly, of the use and
1-800-FYI-CALL
application of any of the contents of this publication.
1-202-467-8753
[email protected]
www.victimbar.org
The National Crime Victim Bar Association is an affiliate
NationalCenter
Crimefor
Victim
Bar
Association
of the National
Victims
of Crime,
a 501(c)(3)
M Street, Suite 480
not-for-profit 2000
corporation.
Washington, DC 20036
1-800-FYI-CALL
e-mail: [email protected]
www.victimbar.org
DISCLAIMER
The
information contained in this booklet is not provided for
The National Crime Victim Bar Association is an affiliate of the National
the purposes of rendering legal advice or authority. The
Center for Victims of Crime, a 501(c) not-for-profit corporation.
National Center for Victims of Crime and the National Crime
Victim Bar Association specifically disclaim any liability, loss,
or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any
this publication.
of the contents
© 2008 of
National
Center for Victims of Crime
©2006 National Center for Victims of Crime
II. I.Victims’
Losses and
PurposeFinancial
of This Booklet.............................2
Potential Sources of Compensation .........2
II. Victims' Financial Losses and Potential
III. Why
File aofCivil
Lawsuit? ..........................4
Sources
Compensation...........................2
IV.III.Comparing
Criminal
Justice .....4
Why File aCivil
Civiland
Lawsuit?
.........................3
V.IV.Parties
in a Civil
Lawsuit
..........................8
Civil Versus
Criminal
Justice.....................4
VI. Statutes of Limitations ..............................9
V. Parties in a Civil Suit .................................6
VII. Types of Civil Lawsuits.............................10
VI. Statutes of Limitations ...............................9
VIII. Victim Privacy ..........................................11
VII. Types of Civil Lawsuits .............................9
IX. Filing a Civil Lawsuit ...............................12
VIII. Victim Privacy .........................................11
X. Discovery ...................................................12
IX. Filing a Civil Lawsuit ..............................11
XI. Trial............................................................13
Discovery..................................................11
XII. X.Damages
....................................................13
Damages
...................................................12
XIV.XII.When
a Perpetrator
Sues a Victim ............................................13
XIII. Judgment and Enforcement......................13
XV. About Lawyers ..........................................14
XIV. When a Perpetrator Sues
XVI. Conclusion.................................................17
a Victim ....................................................13
XV. About Lawyers .........................................14
XVI. Conclusion................................................17
1
1
•
Trial ..........................................................12
XIII.XI.Judgment
and Enforcement....................13
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
Table
of ofContents
I. Purpose
This Booklet.............................2
T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N
Table of Contents
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
I. Purpose of This Booklet
Civil
Justice
for
Victims
of
Crime
in
Victims' Financial
Losses and Potential
Florida
Every crime victim has the right to file a civil lawsuit
seeking financial compensation from the perpetrator
or from other parties whose unreasonable conduct
gave rise to conditions which allowed the crime to
occur. The purpose of this handbook is to provide
victims and service providers with a basic
understanding of the civil justice system so that
victims might consider this important option and
know where to turn for help.
II.
Sources of
Compensation
Almost thirty million Americans are victimized by
crime each year. The consequences of crime
frequently extend far beyond the criminal act. All too
often, victims are left with expenses for medical
procedures, physical rehabilitation, counseling, lost
wages, and property damage. It has been estimated
The National Crime Victim Bar Association
that crime costs society $450 billion annually.
2000 M Street, Suite 480
Washington, DC 20036
Restitution
1-800-FYI-CALL
1-202-467-8753
A criminal court may order a perpetrator to reimburse
[email protected]
certain expenses incurred by a victim, victim's
www.victimbar.org
survivors, or persons who have become responsible
for the maintenance and support of a victim as a
The
National
CrimeUnfortunately,
Victim Bar Association
affiliate
result
of a crime.
even whenis aancourt
of
the
National
Center
for
Victims
of
Crime,
a
501(c)(3)
orders restitution, it is often not collected. This lack
not-for-profit
corporation.
of enforcement,
combined with limitations on the
type of damages that may be included in a restitution
order, often results in restitution falling far short of
meeting victims' needs.
DISCLAIMER
State Crime Victim Compensation
The information contained in this booklet is not provided for
the
purposes of rendering
advice or authority.
Compensation
may alsolegal
be available
to victimsThe
from
National Center for Victims of Crime and the National Crime
a
state's
crime
victim
compensation
fund.
Victim Bar Association specifically disclaim any liability, loss,
Compensation
funds
are designed
reimburse
or
risk, personal or
otherwise,
which istoincurred
as a consevictimsdirectly
for certain
losses and
expenses
from
quence,
or indirectly,
of the
use andresulting
application
of any
thisfuneral
publication.
of
contents
thethecrime,
suchof as
expenses, medical bills,
2
©2006 National Center for Victims of Crime
Table of Contents
III. Why File a Civil Lawsuit? ..........................4
Civil
Actions Can Help Where
IV. Comparing Civil and Criminal Justice .....4
Restitution and Crime Victim
V. Parties in aCannot
Civil Lawsuit ..........................8
Compensation
VI. restitution
Statutesand
of Limitations
Both
compensation..............................9
often do not cover
aVII.
victim's
full
economic
losses,
and
neither source
Types of Civil Lawsuits.............................10
pays anything for hard-to-quantify damages such as
pain
suffering.
A civil
lawsuit may provide more
VIII. andVictim
Privacy
..........................................11
complete compensation to a victim.
IX. Filing a Civil Lawsuit ...............................12
X. Discovery ...................................................12
III.
Why File a Civil
XI. Trial............................................................13
Lawsuit?
XII. Damages
....................................................13
Some of the benefits of civil actions may include:
XIII. Judgment and Enforcement....................13
Control of the Case - Victims have greater
XIV. control
When ainPerpetrator
a civil suit than in a criminal case
Sues a Victim
because
they are............................................13
a party to the civil case,
cannot be excluded from the courtroom, and
XV. About Lawyers ..........................................14
have final approval of settlement proposals.
XVI. Compensation
Conclusion.................................................17
- Civil actions can provide
greater compensation for victims for the
monetary damages they suffered, such as
medical expenses and lost income. Civil
actions can also compensate victims for the
emotional damage they have suffered.
Justice and Accountability - Civil suits can
hold offenders directly accountable to victims.
These suits give victims their "day in court,"
regardless of whether there was a criminal
conviction or any prosecution at all.
Crime Prevention - In addition to suing
perpetrators, victims can often sue other
responsible parties. Civil actions provide
economic incentives for crime prevention.
Businesses such as hotels, apartments, and
3
1
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
counseling fees, lost wages, and other out-of-pocket
costs incurred by the victim. The amount of
compensation may be reduced by amounts that the
victim
received
from Booklet.............................2
insurance or other sources.
I. has
Purpose
of This
In addition, state laws provide limits on how much
money
can be given
for an individual
crime or a
II. Victims’
Financial
Losses and
particular
type
of
loss.
There
are
also
other .........2
Potential Sources of Compensation
restrictions on eligibility for victim compensation.
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
shopping centers sometimes fail to enact proper
security measures because they view such expenses
as unnecessary. When businesses are held
accountable for safety lapses, proper security
becomes cheaper than the cost of defending lawsuits.
Crime victims' civil suits have resulted in increased
security protection in public places, better oversight
and supervision of daycare facilities, and countless
other improvements.
Civil
Justice
for
Victims
of
IV. Civil Versus Criminal
Crime
Justice
in
A significant difference between the criminal and
civil court systems is that in a civil case,Florida
the victim
controls essential decisions shaping the case. It is the
victim who decides whether to sue, accept a
settlement offer, or go to trial.
The Criminal Justice System
The criminal justice process begins after a crime has
been committed and reported to law enforcement. If
an arrest has been made and charges have been filed,
the offender may be prosecuted. In a criminal
prosecution, the crime is considered "a crime against
The National Crime Victim Bar Association
the state." The victim's role is primarily defined as a
2000 M Street, Suite 480
witness for the prosecution. Although the
Washington, DC 20036
prosecuting attorney may be very helpful to the
1-800-FYI-CALL
victim and the victim's family, the prosecutor still
1-202-467-8753
represents the interests of the state, not the victim.
[email protected]
www.victimbar.org
The criminal justice process judges the guilt or
innocence of accused offenders, and when offenders
The
National
Crime
Victim to
Bar
Association
is an affiliate
are found
guilty,
attempts
punish
or rehabilitate
of
the
National
Center
for
Victims
of
Crime,
a
501(c)(3)
them.
not-for-profit corporation.
The Civil Justice System
The civil justice system does not attempt to
determine the innocence or guilt of an offender.
DISCLAIMER
Offenders are also not put in prison. Rather, civil
The
information
in this
bookletan
is offender
not provided
courts
attempt contained
to determine
whether
or afor
the
purposes
rendering
legalinjuries
advice or
authority.asThe
third
party isofliable
for the
sustained
a
National Center for Victims of Crime and the National Crime
result of the crime.
Victim Bar Association specifically disclaim any liability, loss,
or
or otherwise,
which isusually
incurred
as a conseA risk,
civilpersonal
court's finding
of liability
means
that
quence, directly or indirectly, of the use and application of any
the defendant must pay the victim, or the victim's
of the contents of this publication.
4
©2006 National Center for Victims of Crime
Table of Contents
IV. Comparing Civil and Criminal Justice .....4
Burden of Proof
V. Parties in a Civil Lawsuit ..........................8
In the civil justice system, liability must be proven by
a preponderance
of the
evidence, ..............................9
which simply
VI. Statutes of
Limitations
means that one side's evidence is more persuasive
VII. theTypes
of Civil
Lawsuits.............................10
than
other's.
In other
words, the plaintiff must
prove
there
is
a
fifty-one
percent
or greater chance
VIII. Victim Privacy ..........................................11
that the defendant committed all the elements of the
particular
wrong.
ThisLawsuit
standard...............................12
is far lower than the
IX. Filing
a Civil
"proof beyond a reasonable doubt" required for a
X. Discovery
...................................................12
conviction
in the criminal
justice system. Therefore,
it XI.
is sometimes
possible
to
find the defendant liable
Trial............................................................13
in a civil case even though a verdict of "not guilty"
XII.rendered
Damages
....................................................13
was
in the
criminal case. (A civil case can
also be successful even if the offender was never
XIII. Judgment and Enforcement....................13
prosecuted.)
a Perpetrator
AXIV.
goodWhen
example
of this principle is the O.J. Simpson
Sues a Victim
............................................13
case. Simpson
was prosecuted
for the murder of his
former
wife,
Nicole
Brown,
and
her friend, Ron
XV. About Lawyers ..........................................14
Goldman. In 1995, the jury in the criminal case
XVI. Simpson
Conclusion.................................................17
found
"not guilty" of the murders. Despite
Simpson's acquittal, the families of Nicole Brown
and Ron Goldman filed a civil wrongful death
lawsuit against Simpson. A trial was held in 1997
and Simpson was found liable for the deaths of
Brown and Goldman. The jury in the civil case
awarded the victims' families $33.5 million in
damages. While a criminal conviction may increase
the chances of a perpetrator being held civilly liable,
it is not a requirement for bringing a civil action.
5
1
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
family, monetary damages. The civil justice system
can provide victims with monetary resources
necessary to rebuild their lives. Furthermore, the
civil
system
often Booklet.............................2
provides victims and their
I. justice
Purpose
of This
families with a sense of justice that criminal courts
failII.to provide.
than Losses
holdingand
defendants
Victims’ Rather
Financial
accountable
for
their
"crimes
against
the state,".........2
the
Potential Sources of Compensation
civil justice system holds defendants who are found
III. directly
Why File
a Civil Lawsuit?
..........................4
liable
accountable
to their victims.
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
CRIMINAL CASES
Civil
In a CRIMINAL case...
Justice
...the goal is to hold the defendant accountable
to the State.
for
...the State prosecutes and controls the
case.
Victims
...the victim is only a witness. Although the
of
victim may have rights to participate in the
criminal justice process, the victim does
not
Crime
have the right to direct the prosecution of the
case or to veto the prosecutor's decisions.
in
...the State must prove that the perpetrator
is
Florida
guilty "beyond a reasonable doubt."
...the perpetrator is presumed innocent until
proven guilty.
...if a perpetrator is found guilty in a criminal
court, the perpetrator is subject to punishment,
such as probation or jail, and is held
accountable to the State. The victim will not
The National
Crime unless
Victim the
Bar court
Association
obtain money
orders the
2000 defendant
M Street, Suite
480
to pay restitution for the victim's
Washington,
DC 20036
out-of-pocket
expenses. The court cannot
1-800-FYI-CALL
order restitution for non-economic damages.
1-202-467-8753
[email protected]
www.victimbar.org
...if the perpetrator is found not guilty, the State
cannot initiate a second prosecution.
The National Crime Victim Bar Association is an affiliate
of the National Center for Victims of Crime, a 501(c)(3)
not-for-profit corporation.
V. Parties in a Civil Suit
Plaintiffs
The main parties in a civil suit are called plaintiffs
DISCLAIMER
and information
defendants.contained
Plaintiffs
are the
individuals
who for
The
in this
booklet
is not provided
filepurposes
the suit.ofThey
control
action,
are entitled
the
rendering
legalthe
advice
or authority.
Theto
National
Center for
Victimstoofthe
Crime
andand
themake
National Crime
all information
relating
case,
Victim
Bar Association
specificallyThe
disclaim
any liability,
loss,
decisions,
such as settlement.
plaintiff
in a civil
or risk, personal or otherwise, which is incurred as a consesuit can be the victim, survivors of the victim, or
quence, directly or indirectly, of the use and application of any
persons
responsible
for the victim.
of this publication.
of
the contents
6
©2006 National Center for Victims of Crime
v
CIVIL LAWSUITS
Table of Contents
In a CIVIL lawsuit...
I. Purpose of This Booklet.............................2
...the goal is to hold the defendant accountable
II.to the
Victims’
victim.Financial Losses and
Potential Sources of Compensation .........2
...theWhy
victim
initiates
controls..........................4
the case.
III.
File
a Civiland
Lawsuit?
...theComparing
victim is a party,
such, is entitled
IV.
Civil and
andasCriminal
Justiceto
.....4
all important information relating to the case,
V.andParties
in adecisions
Civil Lawsuit
..........................8
can make
about the
direction of
case, suchofasLimitations
settlement of
the claim.
VI.theStatutes
..............................9
VII. Types of Civil Lawsuits.............................10
...the victim must prove that it is more likely
VIII. Victim Privacy ..........................................11
than not that the perpetrator is liable.
IX. Filing a Civil Lawsuit ...............................12
...the civil system makes no such presumption.
X.TheDiscovery
victim and...................................................12
the perpetrator appear as
equals.
XI. Trial............................................................13
XII.
Damages
....................................................13
...if the
perpetrator
is found liable in a civil
court, the perpetrator owes an obligation to the
XIII.victim,
Judgment
Enforcement....................13
such asand
money
to compensate the
foramedical
and therapy expenses,
XIV.victim
When
Perpetrator
psychological
damage,
damage to family
Sues a Victim
............................................13
relationships, and lost wages. A civil court can
XV.order
About
Lawyers ..........................................14
the perpetrator
to pay for non-economic
damages, such as pain and suffering, and can
XVI.alsoConclusion.................................................17
order punitive damages.
...the victim can sue the perpetrator in a civil
court regardless of whether the perpetrator has
been found guilty in a criminal prosecution.
Family Members
Family members who might bring a civil suit include
the parents, spouse, children, or siblings of the victim.
Defendants
The defendants are the parties against whom civil
actions are brought. The defendants in a civil suit can
be the perpetrators, individuals who have assisted the
perpetrators, or individuals or organizations whose
7
1
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
s.
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
negligence has in some way contributed to the
commission of the crime (third parties).
Civil
Justice
The offenders are the individuals who committed the
original offense, whether or not they were found for
guilty by a criminal court.
Victims
Third Parties
In some civil cases, a "third-party" defendant may beof
held liable. Third-party defendants are not the
Crime
persons who actually commit the crimes, but
instead
are those parties who may have contributed to or
facilitated the crimes. A few examples of possible in
third-party defendants in a victim's case include:
Florida
landlords who do not provide adequate
Offenders
security measures, such as locks on doors and
windows and adequate lighting;
colleges that fail to provide adequate security
for students or fail to notify students of
campus assaults, leaving students vulnerable to
victimization;
shopping malls that do not employ security
guards or other necessary measures, despite a
The National
CrimeofVictim
Barattacks
Association
likelihood
criminal
on customers;
2000 M Street, Suite 480
people who allow children access to firearms
Washington, DC 20036
or other dangerous instruments when the
1-800-FYI-CALL
children, in turn, use the weapons to injure
1-202-467-8753
other people;
[email protected]
www.victimbar.org
child-care centers, schools, and churches that
do not properly check the backgrounds of their
The National
CrimeorVictim
Bar
Association
is an to
affiliate
employees,
simply
transfer
employees
of the National
Center
for
Victims
of
Crime,
a
501(c)(3)
other locations following allegations of abuse;
not-for-profit
corporation.
or
tavern owners or social hosts who continue to
serve alcohol to inebriated persons who
subsequently injure other people in drunk
DISCLAIMER
driving crashes.
The information contained in this booklet is not provided for
the purposes of rendering legal advice or authority. The
National Center for Victims of Crime and the National Crime
Victim Bar Association specifically disclaim any liability, loss,
or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any
of the contents of this publication.
8
©2006 National Center for Victims of Crime
Table
oftimeContents
There are
limits set by law for filing civil suits.
These statutes of limitations vary from state to state.
of This
Booklet.............................2
AnyI. suitPurpose
filed after
the expiration
of the statute of
limitations
is
"time-barred"
and
cannot
II. Victims’ Financial Losses andproceed.
There are
certain circumstances,
such as those .........2
Potential
Sources of Compensation
involving child victims and victims with repressed
III. Whywhere
File atheCivil
memories,
timeLawsuit?
in which ..........................4
victims can file
suit can be extended. An attorney should be
IV. Comparing Civil and Criminal Justice .....4
consulted about questions regarding a statute of
limitations.
V. Parties in a Civil Lawsuit ..........................8
VI. Statutes of Limitations ..............................9
VII. Types
of Civil of
Lawsuits.............................10
VII.
Types
Civil
VIII. Victim
Privacy ..........................................11
Lawsuits
There
numerous
under
which civil actions
IX. are
Filing
a Civilclaims
Lawsuit
...............................12
may be brought. They include wrongful death,
X. Discovery
assault
and battery,...................................................12
intentional or negligent infliction
of emotional distress, and negligence. Some of these
XI. Trial............................................................13
actions are described below.
XII. Damages ....................................................13
In civil cases, the crime or wrongful act is referred to
as
a tort.
For mostand
criminal
offenses, there is a
XIII.
Judgment
Enforcement....................13
corresponding tort for which a crime victim may
XIV. a When
a Perpetrator
bring
civil suit.
Some examples of torts include:
Sues a Victim ............................................13
Assault - putting the victim in fear of
injury ..........................................14
while the perpetrator has the
XV. immediate
About Lawyers
ability to inflict that injury.
XVI. Conclusion.................................................17
Battery - intentional physical contact with a
person without that person's consent. Battery
includes the crimes of sexual battery, rape,
molestation, fondling, forcible sodomy,
malicious wounding, and attempted murder.
Wrongful Death - a death caused by another
person which occurs without justification or
excuse, including murder, manslaughter, and
vehicular homicide.
False Imprisonment - holding a victim
against his or her will for any amount of time,
no matter how brief. This often occurs in rape
and kidnaping situations.
9
1
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
VI. Statutes of Limitations
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
Intentional or Reckless Infliction of
Emotional Distress - causing a victim
emotional distress or anxiety through extreme
and offensive conduct. Emotional distress is
frequently seen in stalking cases.
Civil
Justice
Fraud - an intentional misrepresentation offor
facts made to deceive the victim, resulting in
damages. This is often seen in white
collar or
Victims
economic crimes such as criminal fraud,
telemarketing schemes, or racketeering.
of
Conversion - the theft or destruction of
Crime
personal property or money. This includes
larceny, concealment, and embezzlement.
in
Negligence - the failure to use such care as a
reasonably prudent person wouldFlorida
use under
similar circumstances, when such failure is the
cause of the plaintiff's injury. Examples
include negligent security and negligent hiring.
Perpetrator Defenses
There are several defenses that defendants of a civil
lawsuit can use to avoid civil liability. These include:
self defense, contributory/comparative negligence,
assumption of risk, and immunity.
The National
Crime Victim
Bar Association
Self Defense
- perpetrators
claim their actions
2000 M were
Street,
Suite
480
justified because they were defending
Washington,
DC 20036
themselves
or someone else.
1-800-FYI-CALL
Contributory/Comparative Negligence - the
1-202-467-8753
defendant claims that the victim's negligent
[email protected]
conduct caused or contributed to the victim's
www.victimbar.org
injuries. In some states, if the defendant
provesCrime
that the
plaintiff
negligent,
thisaffiliate
is a
The National
Victim
Bar was
Association
is an
total barCenter
to the for
plaintiff's
but in
other
of the National
Victimsclaim,
of Crime,
a 501(c)(3)
states, corporation.
the amount of money the plaintiff
not-for-profit
collects will be reduced by the plaintiff's
proportional share of the blame for the injury.
Assumption of Risk - defendants claim they
should not be held liable because the victims
DISCLAIMER
voluntarily
and knowingly
exposed
The information
contained
in this booklet
is notthemselves
provided for
the purposes
rendering legal advice or authority. The
to theofdanger.
National Center for Victims of Crime and the National Crime
Immunity
- thespecifically
law sometimes
Victim Bar
Association
disclaimprovides
any liability, loss,
agencies,which
government
employees,
or risk, government
personal or otherwise,
is incurred
as a consequence,and
directly
indirectly,
of the
use andfrom
application
otherorparties
with
immunity
civil of any
of
this
publication.
of the contents
liability under certain circumstances.
10
©2006 National Center for Victims of Crime
Table
ofmayContents
Attorneys
employ various methods to protect
victims' privacy. Victims' names and other personal
I. Purpose of This Booklet.............................2
information can be kept out of public records by
filing
underFinancial
pseudonyms,
suchand
as Jane or John
II. suits
Victims’
Losses
Doe. Victims
can
also
use
confidentiality
agreements
Potential Sources of Compensation
.........2
with the offender or third-party defendant; file cases
III. Why
a Civil
..........................4
"under
seal" File
(closed
to theLawsuit?
public); and
videotape
depositions. Each of these techniques allows victims
IV. Comparing Civil and Criminal Justice .....4
to fight for their rights in a safer manner.
V. Parties in a Civil Lawsuit ..........................8
VI. Statutes of Limitations ..............................9
IX.
Filing a Civil Lawsuit
VII. Types of Civil Lawsuits.............................10
A victim begins the civil case by filing a document
with
thatPrivacy
in most..........................................11
states is called the
VIII. a court
Victim
complaint. The complaint sets out the facts of the
IX. andFiling
a Civil
Lawsuit
case
the legal
claims
being...............................12
made. Defendants
then
have
a
certain
amount
of
time
to file a document
X. Discovery ...................................................12
called the answer. In this, defendants set forth their
XI. Trial............................................................13
version
of the facts and any defenses which apply.
As a part of the process of the case, either side can
XII. Damages ....................................................13
request information from the other side. (For more
information,
see "Discovery.")
In addition, either
XIII. Judgment
and Enforcement....................13
party can file motions asking the court to throw out
XIV. When
certain
claims aorPerpetrator
defenses or dismiss the entire case.
Sues a Victim ............................................13
XV. About Lawyers ..........................................14
X.
Discovery
XVI. Conclusion.................................................17
As part of the legal process, each side can ask the
other side for information and documents relating to
the case. This process is called discovery. Civil
discovery involves investigations of the facts and
circumstances of the case, interviewing witnesses,
obtaining relevant documents, and questioning parties
and other witnesses under oath. The investigation
may include a review of police records, informal
interviews of eye witnesses, and photographing the
location of the crime.
Interrogatories
Interrogatories are a list of questions sent to the
opposing party. They are usually limited in number
by the court rules of the jurisdiction in which the case
has been filed. Both requests for production of
11
1
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
VIII. Victim Privacy
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
documents and interrogatories must be answered in a
specified amount of time.
Civil
Justice
Like interrogatories, document requests are a formal
procedure by which one side can ask the other sidefor
to
produce documents and other materials relevant to
the case.
Victims
Depositions
of
An additional method for obtaining information in
Crime
the pretrial portion of a civil case is a deposition.
A
deposition is a proceeding in which a party's attorney
has the opportunity to question opposing parties andin
potential witnesses under oath. Deposition testimony
Florida
is transcribed. The transcripts may be used
at trial if
Requests for Production of Documents
the witnesses are no longer available, or if the
witnesses offer trial testimony which conflicts with
the deposition.
After documents have been produced, interrogatories
have been answered, and depositions have been
completed, each side should know much more about
the others side's case. At this point, the parties
sometimes engage in negotiations which lead to
settlement of the case.
The National Crime Victim Bar Association
2000 M Street, Suite 480
Washington, DC 20036
1-800-FYI-CALL
If a settlement is not reached, the case proceeds to
1-202-467-8753
trial. A plaintiff wins at trial if the plaintiff has met
[email protected]
its burden of proof and the defendant has not
www.victimbar.org
XI. Trial
successfully asserted a defense to the claim. If the
plaintiff
wins,Crime
the judge
orBar
juryAssociation
awards damages
and
The
National
Victim
is an affiliate
thethematter
is over
unless
defendant
appeals.
A
of
National
Center
for the
Victims
of Crime,
a 501(c)(3)
defendant wins
at trial if the plaintiff has not met the
not-for-profit
corporation.
burden of proof or the defendant has successfully
asserted a defense. If the defendant wins, the case is
finished unless the plaintiff appeals.
DISCLAIMER
The information contained in this booklet is not provided for
the purposes of rendering legal advice or authority. The
National Center for Victims of Crime and the National Crime
JudgesBar
andAssociation
juries have
the power
to decide
how loss,
Victim
specifically
disclaim
any liability,
or
risk, money
personaltooraward
otherwise,
which is if
incurred
as a consemuch
as damages
the plaintiff
quence,
directlyare
or two
indirectly,
the use
and application of any
wins. There
main of
types
of damages,
of the contents of this publication.
XII. Damages
12
©2006 National Center for Victims of Crime
Table of Contents
II. Victims’ Financial Losses and
Potential Sources of Compensation .........2
XIII.
Judgment
and..........................4
III. Why
File a Civil Lawsuit?
Enforcement
IV. Comparing
Civil and Criminal Justice .....4
A victim contemplating a civil lawsuit should
V. Parties in a Civil Lawsuit ..........................8
understand that obtaining a civil judgment is only
half
battle. Inofmany
cases, it ..............................9
may be difficult to
VI.theStatutes
Limitations
collect the money awarded by the court. Some
VII. Types
Lawsuits.............................10
defendants
do of
notCivil
or cannot
pay judgments entered
against
them.
However,
there
are potential sources of
VIII. Victim Privacy ..........................................11
payment, such as insurance or various types of
income,
whichashould
always be
considered.
IX. Filing
Civil Lawsuit
...............................12
X. Discovery ...................................................12
XI. Trial............................................................13
XIV.
When a Perpetrator
XII. Damages
Sues....................................................13
a Victim
Occasionally,
offenders
may sue or countersue
XIII. Judgment
and Enforcement....................13
victims. Defendants may take this step in order to
XIV. or
When
a Perpetrator
harass
intimidate
victims into dropping charges or
Sues atheir
Victim
withdrawing
civil............................................13
suits.
XV. About
Lawyers
..........................................14
Sometimes
these
suits are
filed in response to the
victim's civil complaint, along with answers to the
XVI. Conclusion.................................................17
complaint. Sometimes perpetrators file them in
response to a criminal charge. Victims need to know
that truth is an absolute defense to defamation and
slander, which are the most common civil claims
filed by perpetrators.
13
1
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
compensatory and punitive. The goal of
compensatory damages is to pay for the losses
suffered by the injured party. The primary purpose of
punitive
damagesofisThis
to punish
and deter criminals or
I. Purpose
Booklet.............................2
third parties.
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
XV. About Lawyers
Civil
The National Center for Victims of Crime
established
Justice
the National Crime Victim Bar Association
(NCVBA) to facilitate civil suits by crime victims.for
The NCVBA offers victims free referrals to attorneys
for consultation.
Victims
Victims seeking more information or attorney
of
referrals should call the NCVBA at
1-800-FYI-CALL Crime
Local bar associations also may provide referrals, in
sometimes for a small fee.
Florida
Selection Considerations
Finding a Lawyer
More attorneys than ever are representing crime
victims in civil lawsuits, though relatively few
specifically list themselves as "crime victim"
attorneys. Typically, these attorneys can be found
handling premises liability, personal injury, wrongful
death, or professional malpractice claims on behalf of
plaintiffs. Finding qualified attorneys to represent
victims in civil lawsuits often requires diligence.
The
National Crime
Victim Barrelationship
Association is based
A productive
attorney-client
2000
M
Street,
Suite
480
upon the ability of both sides to communicate fully
Washington,
DC 20036
and effectively
with each other. Although relating
1-800-FYI-CALL
sensitive details can be difficult for crime victims,
1-202-467-8753
they should feel as comfortable as possible in fully
[email protected]
disclosing all details and information to their
www.victimbar.org
attorneys. Attorneys should be able to effectively
explain all aspects of legal proceedings to victims
The
Crime
Victim Bar to
Association
is an and
affiliate
and National
they should
be responsive
victims' needs
of
the
National
Center
for
Victims
of
Crime,
a
501(c)(3)
requests.
not-for-profit corporation.
Victims should fully understand all the details of any
retainer agreement (contract to hire the attorney)
prior to signing it. If victims have questions, they
should feel comfortable discussing them with their
DISCLAIMER
attorneys.
If questions
local bar
association
The
information
containedpersist,
in this booklet
is not
provided for
personnel
be able to
explain
regulations,
the
purposesmay
of rendering
legal
advicelaws,
or authority.
The
and common
pertaining
to contracts
with
National
Centerpractices
for Victims
of Crime and
the National
Crime
Victim
Bar Association specifically disclaim any liability, loss,
attorneys.
or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any
of the contents of this publication.
14
©2006 National Center for Victims of Crime
Table of Contents
Potential Sources of Compensation .........2
Victims should feel free to consult with several
III. Why
Fileselecting
a Civil one.
Lawsuit?
..........................4
lawyers
before
Lawyers
are
professionals,
and
it
is
good
consumer
practice
IV. Comparing Civil and Criminal Justiceto.....4
obtain a second opinion in selecting professional
V. counsel.
Parties in a Civil Lawsuit ..........................8
legal
VI. Statutes
of Limitations
Victims
should cooperate,
as fully..............................9
as possible, with
their
attorneys.
Such
cooperation
is
necessary for
VII. Types of Civil Lawsuits.............................10
successful representation of their interests. By the
VIII. token,
Victim
Privacy
same
victims
have..........................................11
the right to expect their
attorneys to be understanding, respectful, and
IX. Filing a Civil Lawsuit ...............................12
responsive to their needs. Attorneys have the right to
expect
clients...................................................12
to be honest and willing to
X. their
Discovery
participate in building their own cases.
XI. Trial............................................................13
Information
Your Attorney Will Need
XII. Damages ....................................................13
When crime victims consult with an attorney, they
XIII. Judgment and Enforcement....................13
should be prepared to answer detailed questions
about
caseathat
will allow the attorney to conduct
XIV. the
When
Perpetrator
a properSues
evaluation.
might request
a VictimAttorneys
............................................13
information such as the following:
XV. About Lawyers ..........................................14
About the Criminal Event:
XVI. Conclusion.................................................17
Date and time of criminal occurrence
Location of events, addresses, and description
of premises
How the perpetrator gained access to the
victim
Identification of witnesses to any stage of the
occurrence
Identification of known physical evidence
Whether a police report was filed, and if so,
identification of: the police department where
the complaint was filed, the detective or officer
assigned to the case, the complaint or report
number, and statements taken as part of an
investigation
15
1
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
Victims should be clear about what they wish their
attorneys to do, and attorneys should be clear about
what services they are providing. Understanding
each
expectations
as well as avoiding
I. other's
Purpose
of This Booklet.............................2
unrealistic expectations can minimize the possibility
of II.
disappointments
and frustrations.
Victims’ Financial
Losses and
•
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N
Whether there was or is a criminal case, and if
so, identification of: the prosecutor, current
stage of criminal case, and description of the
case investigation conducted
Civil
Justice
If a third party might bear some liability for
the occurrence of the crime: details
for
surrounding the crime, such as where it was
committed and whether there was
any security.
Victims
About the Perpetrator:
of
If the perpetrator is known to the victim:
nature of relationship with the victim,
Crime
perpetrator's name and aliases, address, date of
birth and social security number, employmentin
information, and any information known about
the perpetrator's assets and insurance
coverage
Florida
If the perpetrator is not known to the victim:
physical description of the perpetrator,
identifying features
About Damages Sustained by the Victim:
Medical information: degree of physical,
emotional, and psychological injuries
sustained, and extent and cost of anticipated
treatment
The National
Crime Victim
Bar Association
Identification
of hospital,
physician services
2000 M Street, Suite 480
Identification
Washington,
DC 20036of property damage
1-800-FYI-CALL
Lost amount of victim's or victim's spouse's
1-202-467-8753
time from work, lost wages, money recouped
[email protected]
from workers' compensation, or state or private
www.victimbar.org
disability insurance
SourceCrime
of funds
to cover
damages orislosses
The National
Victim
Bar Association
an affiliate
such
as
insurance
(policy
of the National Center for Victimsnumber),
of Crime, crime
a 501(c)(3)
victimscorporation.
compensation, Medicare, and
not-for-profit
restitution
Fees and Retainers
Usually, the type of civil cases brought by victims of
DISCLAIMER
crime
are billedcontained
by attorneys
a contingency
fee for
The
information
in thisonbooklet
is not provided
basis.
This of
means
the attorney
is only
paid if the
the
purposes
rendering
legal advice
or authority.
The
National
for Victims
of Crime
and the National
Crime
victim isCenter
awarded
a monetary
settlement
or judgment.
Victim
Bar Association
specifically
disclaim any
liability, loss,
Attorneys
will be paid
a predetermined
percentage
of
or risk, personal or otherwise, which is incurred as a consethe total award.
quence, directly or indirectly, of the use and application of any
of the contents of this publication.
16
©2006 National Center for Victims of Crime
IV. Comparing Civil and Criminal Justice .....4
V. Parties in a Civil Lawsuit ..........................8
XVI.
Conclusion
VI.civil
Statutes
of Limitations
..............................9
The
justice system
offers victims
of crime
another
opportunity
to
secure
what
they
seek
VII. Types of Civil Lawsuits.............................10
most–justice. Regardless of whether there was a
VIII. Victim
Privacy
..........................................11
successful
criminal
prosecution,
or any prosecution at
all, victims can bring their claims before the court
IX.askFiling
Civilresponsible
Lawsuit ...............................12
and
to havea the
parties held
accountable.
While
money
awarded
in civil lawsuits
X. Discovery ...................................................12
can never fully compensate victims for the trauma of
XI. victimizations
Trial............................................................13
their
or the loss of loved ones, it can
provide valuable resources for crime victims to help
XII. Damages ....................................................13
rebuild their lives.
XIV. When a Perpetrator
Sues a Victim ............................................13
XV. About Lawyers ..........................................14
XVI. Conclusion.................................................17
17
1
•
XIII. Judgment and Enforcement....................13
THE NATIONAL CRIME VICTIM BAR ASSOCIATION • THE NATIONAL CRIME VICTIM BAR ASSOCIATION
Table of Contents
T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N T H E N AT I O N A L C R I M E V I C T I M B A R A S S O C I AT I O N
There are also costs, such as filing fees, deposition
fees, and service of process fees the victim might be
responsible to pay before a suit is filed or during the
course
the suit.of Some
attorneys require that
I. of
Purpose
This Booklet.............................2
plaintiffs pay a retainer fee. A retainer is money paid
to II.
an attorney,
kept in a Losses
special account
Victims’butFinancial
and from
which the
above-mentioned
costs
can
be paid. .........2
Potential Sources of Compensation
Money not used in the retainer may be returned to the
III. atWhy
File a CivilofLawsuit?
client
the conclusion
the suit. ..........................4
This booklet was published with the generous support of
NEWSOME & DIDIER, P.A.
Orlando, FL
BALES-WEINSTEIN, P.A.
Tampa, FL
FIOL, GOMEZ, & BLACKBURN, P.A.
Tampa, FL
GERSON & SCHWARTZ, P.A.
Miami, FL
HAGGARD, PARKS, HAGGARD & LEWIS, P.A.
Coral Gables, FL
LEESFIELD, LEIGHTON, & PARTNERS, P.A.
Miami, FL
RICCI-LEOPOLD, P.A.
Palm Beach Gardens, FL
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
West Palm Beach, FL
SLAWSON, CUNNINGHAM & WHALEN, P.L.
Palm Beach Gardens, FL
FREDRIC ZINOBER, ESQ.
Tampa, FL
2000 M Street, NW • Suite 480
Washington, DC 20036
1-800-FYI-CALL
e-mail:
[email protected]
2000 M Street,
NW • Suite 480
www.victimbar.org
Washington,
DC 20036
1-800-FYI-CALL
e-mail: [email protected]
For more information
about civil litigation
www.victimbar.org
or to order more copies
of this booklet, please contact the
National
Crime
Victim
Bar
Association.
For more
information
about
civil
litigation
or to order more copies of this booklet, please contact the
National Crime
BarBar
Association.
The National
CrimeVictim
Victim
Association
is an affiliate of:
The National Crime
Victim Bar Association
is an affiliate of:
©2006 National Center for Victims of Crime
02/06,
© 2008 NationalPrinting
Center
for30M
Victims of Crime
Printing 03/08, 75M