Miami, Florida(JusticeNewsFlash.com – News Report) — Skill and experience mark a good law firm. But the best firms – the ones that take, and win, the cases that seem impossible – have something else, too: creativity and determination. With the insurance industry eliminating coverage for assault-and-battery incidents at commercial establishments, too many crime victims are finding that lawyers won’t take their case. It’s easy to understand why: Without insurance coverage, recovery may be non-existent. And for crime victims, this seems to further the injustice. It’s a trend we don’t like – and we’re fighting back. We’re doing so by taking these cases. And through creativity and determination, we’re winning them. In numerous uninsured cases, we’ve recovered substantial damages from business and property owners – vindicating the rights of our clients and helping them obtain the recovery, and accountability, they deserve.
We’ve been successful because we’ve changed the game. By looking to the owner of the property – rather than the lessee or operator of the business on the premises – we’ve been able to establish their duty to our clients, and their failure to meet it. In some cases, we’ve shown that the owner knew, or should have known, that violence that began inside an establishment – such as a bar fight – would spill out into common areas, like a parking lot, and reasonable measures, including adequate security, should have been taken. We’ve found that there’s often a history of violence, and owners have, wrongly, averted their eyes.
We’ve also won cases by showing that property owners were negligent by failing to evict problem tenants – for example, a nightclub was well known for violence and drug dealing. By closing their eyes to what was going on – and what was bound to happen down the road – owners are liable for the harm our clients suffered. And juries have agreed.
We’ve found, too, some strategic advantages of taking ‘uninsured’ cases. For one thing, defendants not covered by insurance are footing their own legal bills – and worried about what the jury may award. These defendants are much more likely to come to the table – and do what is right without having a jury tell them to.
It’s not just property owners who face potential liability, either. We just successfully settled an important case against an insurance agent who failed in his duty to adequately provide assault-and-battery coverage (still available at the time) to a property owner. During the case, we discovered that the establishment had been the scene of a criminal attack almost identical to the one our client suffered several years later. But when new owners subsequently took over, the insurance agent didn’t share that information – or help them get coverage. When our client was injured, we sued the agent, who was covered: by his errors-and-omissions carrier. Ironically, the settlement was for almost the same amount the insurance policy would have paid – had the property owners bought it.
These cases are just one way we’re using the civil courts to fight for the rights of crime victims. We’ve brought actions against sexual offenders, too. Most people are surprised to learn that many predators are affluent and well educated, often holding good jobs. This makes it easier for them to hide their criminal acts. But it also makes it easier for us to recover monetary damages for the harm they have caused.
Yet perhaps the most important thing we’ve learned is this: It’s often possible to win an ‘impossible’ case. Clients – and lawyers – shouldn’t give up if there is no available insurance. We’ve learned how to work around the new rules, and realities, of these cases. And we’re ready to work with – and help – crime victims and law firms.
Before you turn away a serious injury case that seems ‘impossible’ contact the law firm of : Gerson and Schwartz P.A. 305-371-6000 or through our mailing address at: 1980 Coral Way Miami, Florida 33145
Jana Simard is a contributing writer for Justice News Flash with degrees in Political Science and Spanish. Born in Canada, but raised in sunny south Florida, Jana had an early passion for writing. During her high school and college years she interned at a Florida Congressman's office as well as a Rhode Island Governor and Senator's office. While in her last two years of college, Jana spent six months in Salamanca, Spain where she truly discovered her passion for writing and had her articles published in her school's newspaper. Her experience in two Providence high profile law firms has equipped her with the ability to write for Justice News Flash as a Legal Reporter.