ARE YOU OR A FAMILY MEMBER THE VICTIM OF NEGLIGENT APARTMENT SECURITY?

FREQUENTLY ASKED QUESTIONS

• Why should I hire a Board Certified Civil Trial Lawyer to handle my negligent security case?

  A: Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. Established in 1982 by the Florida Supreme Court, board certification helps consumers identify specialists in various areas of law. Certification provides an objective measure that a potential client can rely upon when selecting a lawyer. When you hire any professional, expertise matters – you don’t go to a family practitioner physician to evaluate and treat a suspected cancer. Similarly, when hiring a negligent security attorney, it will not cost you any more to hire a specialist recognized by the Florida Bar as a civil trial expert.

• When do you think it is necessary for clients to consult with a violent crime compensation lawyer such as yourself when the client or a family member is injured or dies because of a shooting or other violent crime?

  A: When a person dies or is the victim of violent crime, a whole series of professionals get involved and events associated with that death or criminal act proceed on a pretty fixed quickly advancing time schedule.

  People die in a variety of different situations, in a hospital, at home, while traveling, at work, in a car or boating accident, so of course there will be variations but boiled down, you can usually expect a doctor or coroner preparing and determining cause of death, a funeral director making arrangements for final disposition, some type of investigatory authority, whether the local police, OSHA, the Highway Patrol or the Coast Guard making some investigatory report.

  Criminal acts also involve multijurisdictional investigations – police, insurance, housing, etc.

  All of these professionals will likely be involved within 24-36 hours of the death or crime. Therefore, it is important that a potential client who might be seeking legal advice do so quickly before investigations are concluded, final disposition decisions are made or chances to control or be involved with matters associated with the death or criminal investigation pass.

• How can I afford a negligent security personal injury lawyer?

  A: Personal injury and wrongful death negligent security trial lawyers are willing to handle personal injury cases on a contingency fee basis. A lawyer who charges a contingency fee will not charge you a fee for his/her time unless there is a recovery. If a recovery is made, then the lawyer’s fee is based upon an agreed percentage of the gross amount recovered. The lawyers at Charlip Law Group, LC charge contingency fees in accordance with the Florida Supreme Court guidelines, typically 33-1/3% in a case that is settled before the need for a lawsuit arises, and 40% when a lawsuit becomes necessary and is contested. The contingent attorney’s fee does not include the costs of pursuing a claim, which may range from just a few hundred dollars to tens or even hundreds of thousands of dollars. These costs are payable separately and not as a part of the contingent fee. Although many law firms may require you to pay these costs in advance, at Charlip Law Group, LC we understand that the consequences of an injury make it difficult, if not impossible, for our clients to advance the costs of a case. In personal injury and wrongful death cases, we pay the costs, and simply ask to be reimbursed at the conclusion of a case when your recovery is received.

• I was seriously injured by criminal violence but I am not sure I should file a claim because I may also have been at fault in the situation. If that is true, can I still make a claim?

  A: Yes you can. First, determining the cause of a criminal incident is often very difficult and is best left to experienced negligent security lawyer to sort through the admissible evidence. Any seasoned plaintiff’s lawyer knows that if you eliminate all the ways you potentially can lose a case, you can only have a successful outcome. For that reason, part of advancing your case involves minimizing any potential claims that you were involved somehow, that this was a “street-beef” or that the attack could have happened anywhere. A lawsuit requires proof and evidence. Your lawyer will assemble that evidence and evaluate what it ultimately can be utilized to prove. You should always let a well-qualified legal professional evaluate whether it makes sense to pursue your claim. You will pay no attorney’s fee if there is no recovery so consulting with a lawyer is always a high value proposition.

• What are the legal issues that clients consult with you about when someone is the victim of a violent crime at an apartment complex or other commercial establishment?

  A: First, determining whether there have been prior incidents of violent crime on the property is important. Then it is important to investigate the history of how any prior criminal incidents were responded to by the property owner or management, including the security measures that were in place at the time of the incident. Premises liability focuses on the duty of property and business owners and managers to exercise reasonable due care in addressing foreseeable hazards, including particularly foreseeable criminal activities.

  Second, we would look at the reason the victim/potential client was at the property. You do not have to reside at an apartment complex to be entitled to be safe when visiting someone there. Property owners are held to various standards that apply because of the reasons people visit the property. For example, apartment complex owners are held to the highest standard for their tenants, also known as invitees. They must also make sure the property is safe for the guests of tenants and for potential future tenants who are visiting the property.

  Third, we look at the victim/potential client’s role in the criminal event and analyse whether and to what extent a case can be made on his/her behalf.

• I see all these signs and advertisements about how much money certain lawyers got for a client, shouldn’t those results be important to my decision of which law firm I should retain for my case?

  A: No. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. You should speak with the lawyer and get a sense if he or she is someone you trust and is someone you can work with. You should speak with the law firm staff and get a sense of whether they are responsive and able to give your case the time and attention it deserves. You should evaluate the lawyer’s reputation, years of experience, credentials, expertise, awards and achievements. While a settlement of say $400,000 in a serious personal injury case may seem like alot, without knowing or understanding the facts of that particular case, you cannot know whether that settlement was a good or bad result. The case might have actually been worth $1,000,000. For those reasons, settlement amounts contained in signs and advertisements should not be of any importance in deciding which law firm to retain for your case.