A home invasion is a terrifying ordeal. If someone broke into your house and robbed you, you are entitled to damages for any injuries you might have suffered. You do not have to handle this process alone. Get help from an attorney for victims of home invasion robbery in Fort Lauderdale.
Call Edwards Pottinger LLC today: 954-524-2820.
How Can I Recover Compensation After a Home Invasion Robbery?
The Florida State’s Attorney’s office can bring criminal charges against those accused of home invasion robbery, as it is a crime in Florida. In criminal court, the prosecutor will need to prove the perpetrator’s guilt beyond a reasonable doubt to convict them. However, when we bring our civil claim against the perpetrator, our burden of proof will be significantly less. We will show that the perpetrator was more likely than not to have committed the robbery.
To establish that a home invasion robbery occurred in Florida, we must establish the following elements under Florida Statute § 812.135:
The Offender Entered or Remained in Your Home Without Your Consent
First, the offender must illegally enter an occupied place of residence. The residence may be an apartment, house, hotel room, or any other property where someone temporarily or permanently resides.
To prove that someone illegally entered your home, we may present the following evidence:
- Surveillance video showing the defendant entering your house without your consent
- Photos of broken windows, cut door or window screens, and other points of break-in
- Police report completed by an officer at the scene
The Offender Entered the House with the Intent of Committing a Robbery.
Proving intent can be difficult in both criminal and civil court. It is rare that the perpetrator will admit intent, but it happens occasionally. If the perpetrator does not admit intent, there are other ways for us to establish intent. Generally, we may be able to infer intent by looking at the behaviors of the perpetrator.
For example, we may argue that the perpetrator’s intent is inferable because he had an empty backpack and tools for picking locks. We may also be able to infer intent if the perpetrator successfully completed the robbery.
The Offender Committed a Robbery.
We must establish that the defendant took your property from you by force, violence, or threat of force or violence. To do so, we will prove:
- You have lost property by presenting a list of missing property and purchase receipts, if possible.
- The perpetrator threatened you by showing surveillance video and asking you to testify as to what happened.
- The perpetrator intended to deprive you of property.
Who Can I Sue?
Robbery victims automatically assume that the only party they can sue is the person who committed the robbery. However, there are other parties that may be liable for the incident. For example, a property owner or hotel management company may be liable for failing to provide sufficient security in the apartment complex or hotel where the robbery occurred.
Our attorneys will make sure to name all potentially liable parties as defendants in your claim for damages.
Is Home Invasion Robbery the Only Claim I Can File?
A home invasion robbery case is usually litigated as an assault and battery case, as the threat or use of force qualifies as an assault or battery. You can file an assault and battery claim against the robber; however, that is not the only option.
You can also file a negligent security claim against a property owner, apartment complex, security company, or hotel if the home invasion stemmed from a lack of adequate security. In this case, we will look into the property’s maintenance records and history of incidents to determine whether this type of crime was preventable.
Recover Damages for Your Home Invasion Robbery
Families can lose a lot more than just property in a robbery. You and your family may feel afraid to fall asleep at night, worrying that it may happen again. In addition to the emotional trauma, you may also worry about replacing the property the robber stole from you. Some families lose one of a kind items or inherited pieces that are irreplaceable.
No amount of money will be enough to make you forget what happened. However, the damages you recover can be used towards replacement goods, medical care, and psychological counseling.
At Edwards Pottinger LLC, we want to make your road to recovery as easy as possible. We can collect as much evidence as possible and prepare you, your witnesses, and qualified experts to testify. We will present your case in the most effective way possible and do our best to help you recover the compensation you deserve.
Home invasion robberies are serious crimes with serious consequences. If you are a home invasion robbery victim, call 954-524-2820 to discuss your legal options with a qualified civil litigation attorney today.