If the police caught the perpetrator or you know who it is, you can sue someone who robbed you. At Edwards Pottinger LLC, we represent robbery victims in court and give them a fair chance to recover damages for everything they have been through.
For a free consultation, call us today: 954-524-2820.
Who Can I Sue for My Robbery?
In addition to suing the person or persons who robbed you, you may also be able to sue third parties that were indirectly involved in your robbery. This will allow you to receive full compensation in case the person who robbed you lacks the assets to cover your damages. For example, other liable parties might include:
Property owners: If your robbery occurred on someone else’s property, you may be able to hold the owner liable for failing to provide adequate security.
Employers: If your robbery took place on company property, you may be able to sue your employer for negligent hiring or negligent security.
What If the Court Found My Robber Not Guilty?
A verdict in criminal court has no effect on a civil case. You may still sue for damages in civil court even if a criminal court found the perpetrator not guilty.
This is because of the many differences between civil and criminal court. First, the standard used to try cases in civil court is completely different from the standard used in criminal court. Instead of proving guilt “beyond a reasonable doubt,” we must prove by a “preponderance of the evidence.” This just means it must be more likely than not that the defendant committed the robbery.
Additionally, in criminal court, there is a presumption of “innocent until proven guilty.” Civil court, on the other hand, puts the victim and the perpetrator on equal ground. Criminal court is focused on protecting society as a whole and punishing those who have committed crimes, whereas civil court is focused on getting financial justice for the victim.
Proving a Robbery
While criminal and civil court cases are very different, both require proving the robbery occurred. Under Florida Statute § 812.13, there are four elements to a Florida robbery:
Force of threat
First, our attorneys will have to prove that the perpetrator took money or property from you without your consent. This could involve taking something off your person (e.g., snatching your purse) or from an area in your presence (e.g., home invasion).
To prove that the person you are suing took something from you, we will prove that he was at the scene of the crime when the robbery took place. If the perpetrator does not have an alibi, we will use that to show that he easily could have been at the scene. Security camera footage, eyewitness testimony, and photographs are also helpful identifying the perpetrator and the items taken.
Force or Threat
We will also have to establish that the perpetrator used physical force or the threat of physical force to intimidate you before, during, or after the taking of the property. To prove this element, we will need to prove that the force or threat of force occurred during the “continuous sequence” of events surrounding the robbery or attempted robbery.
For example, we will establish your robber walked up to you with a gun and told you to give him your purse. While the robber did not use force, the presence of a gun is likely enough of a threat to intimidate you into giving up your property.
Thirdly, we will have to prove the perpetrator’s specific intent to take something from you and deprive you of the item. It does not matter if the perpetrator planned to keep the item permanently or temporarily. We can prove intent by presenting both direct and circumstantial evidence.
The taken property must be worth something, even if it is only a small amount of money. If we can prove the other elements of robbery, you should be able to recover damages even if the value of the taken property is low. Purchase receipts, invoices, and other documentation reporting the value of the property can be helpful proving this.
What Damages Can I Recover in Civil Court?
If you win your case, you can recover compensation for any of the following damages related to your robbery:
Psychological and emotional trauma
Pain and suffering
Recovery of the stolen items or the value of the stolen property
When a robbery occurs, you and your family may feel helpless and unable to trust anyone. You need an honest, compassionate, trustworthy attorney to fight for your rights during this difficult time. At Edwards Pottinger LLC, we are determined to make sure you recover compensation for all that you have been through.
Call 954-524-2820 today for help filing suit against the person responsible for your suffering.