Sexual Assault Civil Litigation: What Survivors and Referring Attorneys Should Know

April is Sexual Assault Awareness Month. In recognition, we want to answer common questions and share information about the legal rights available to survivors under Florida law. At Mase Seitz Briggs, we represent survivors in civil cases involving negligent property owners, security companies, and other institutions whose failures contributed to the harm.

Will My Identity Be Protected?

Florida courts may permit civil plaintiffs to proceed under a pseudonym in appropriate cases, but the protection is not automatic. We file a motion to proceed under a pseudonym at the same time we file the complaint, before any public record is created using a survivor’s name. The motion asks the court to find that the survivor’s privacy interest outweighs the presumption of open courts, based on factors including the personal nature of the allegations, the risk of retaliation, ongoing psychological treatment, and the survivor’s prior efforts to maintain confidentiality. We treat this motion practice as a core case strategy, not an afterthought.

How Does A Civil Sexual Assault Litigation Work?

A civil case is independent of any criminal prosecution. A survivor does not need a conviction, an arrest, or even a police report to pursue civil claims.

The Cases We Handle Generally Involve:

Institutional defendants. Hotels and resorts, schools, religious organizations, healthcare facilities, residential care providers, employers, gyms, ride-sharing companies, and entertainment venues. The legal theories typically include negligent security, negligent hiring and supervision, premises liability, and breach of statutory duties.

Insurance coverage analysis. Intentional acts exclusions, sexual molestation exclusions, “occurrence” definitions, and the eight-corners rule shape how cases are pleaded and how insurers respond. We plead and present cases to engage available coverage rather than walking into avoidable exclusions.

Trial preparation. We prepare every case as if it will be tried. That preparation is what produces serious settlement offers and, when settlement is not appropriate, favorable verdicts.

Florida’s statute of limitations for sexual assault civil claims depends on the legal theory, the survivor’s age at the time of the incident, and the identity of the defendant. Survivors should consult counsel as soon as possible.

What Types of Damages Can Be Recovered in a Sexual Assault Case?

Florida law allows survivors to pursue economic damages (medical expenses, ongoing psychiatric care, lost income, and reduced earning capacity), non-economic damages (pain and suffering, mental anguish, PTSD, anxiety, depression, and loss of enjoyment of life), and, in cases involving particularly egregious conduct or institutional cover-up, punitive damages subject to the pleading requirements of § 768.72.

Why Attorneys Refer These Cases to Us

Defendants and carriers assess settlement value based on the likelihood of facing lawyers prepared to try the case. Many firms are equipped to negotiate within insurance limits; far fewer are equipped to actually try a sexual assault civil case against a sophisticated institutional defendant.

Referring attorneys also send cases involving contested coverage, intentional acts exclusions, and the negligence-versus-intentional-tort framework because these issues require sustained, sophisticated handling. We work cooperatively with referring attorneys under arrangements consistent with the Florida Rules of Professional Conduct, with clear communication throughout the case.

When Should You Speak with an Attorney Regarding a Sexual Assault Case?

Sexual assault cases can be complex and involve individuals, institutions, and insurance coverages. Although it cannot heal the emotional, psychological, and physical injuries suffered by victims, taking swift action can help bring those at fault to justice. If you are a survivor considering civil action, we offer confidential consultations at no cost or obligation. If you are an attorney evaluating a potential matter for referral or co-counsel arrangement, we always welcome the call.

Important Changes to Florida Personal Injury Law in 2026

Florida's legal landscape continues to evolve, bringing changes that affect how injury victims can pursue justice. Whether you were hurt in a boating accident, car crash, slip and fall, or medical mistake, staying informed about these developments helps protect your rights. As trial lawyers who prepare every case for court from day one, we monitor these changes to better help victims of accidents recover for their damages. Here are some important updates to personal injury law that you need to know in 2026.

Amended Florida Rules of Civil Procedure

On January 1, 2026, additional updates to Florida's civil procedure rules took effect, building on major changes implemented throughout 2025. These amendments continue to reshape how injury cases move through the courts.

The most recent changes focus on default judgments and trial settings. In Florida, if a defendant fails to respond to a lawsuit within the required timeframe, the plaintiff can ask the court clerk to officially record that the defendant didn't answer. Once this failure to respond is entered on the record, the plaintiff must then file a motion for default judgment asking the court to rule in their favor. The court will determine whether to grant the judgment and, if the damages aren't specified, may hold a hearing to decide the appropriate amount.

With these new changes, before a clerk can enter a default, the plaintiff must file a motion for default and serve it on the defendant. The defendant continues to receive notice of court filings throughout the process, including after the default is entered. When the amount of damages isn't clearly determined by a contract or fixed sum, which is common in personal injury cases, the court must provide advance notice to the defaulted party before scheduling any hearing to determine what they owe.

These latest amendments work together with the comprehensive 2025 overhaul that introduced case management tracks (streamlined, general, and complex) and 60-day initial disclosure requirements.

What This Means for Injury Victims:

If you were injured on a boat, in a car accident, or on someone else's property, evidence must be preserved right away. Surveillance footage gets deleted. Witnesses forget details. Medical records need immediate requests.

For maritime accidents, auto collisions, and premises liability cases, the investigation must start the moment you contact a lawyer. The 60-day disclosure deadline approaches quickly, and by filing time, witnesses must be identified, documents gathered, and damages calculated.

These evolving rules reward lawyers who move fast and punish those who delay. Choosing experienced trial counsel who can investigate immediately is now even more critical.

Source: Florida Rules of Civil Procedure 1.440, 1.500; Case No. SC2023-0962 (effective January 1, 2025); Florida Rules of Civil Procedure 1.200, 1.201, 1.280.

Major Supreme Court Decision Opens Doors for Medical Malpractice Victims

On January 20, 2026, the U.S. Supreme Court issued a decision that carries significant weight for Florida medical malpractice cases filed in federal court.

A retired attorney sued his Delaware doctors in federal court for allegedly mishandling his broken ankle. Delaware law requires medical malpractice lawsuits to include an expert affidavit—a sworn statement from another doctor saying the lawsuit has merit—before filing. When he couldn't get this affidavit, the court dismissed his case.

The Supreme Court unanimously reversed this decision. All nine justices agreed that federal courts don't have to follow state laws requiring expert affidavits upfront. Federal rules only require "a short and plain statement of the claim" to start a lawsuit. Demanding expert evidence before filing asks for too much, too soon.

Why This Matters in Florida

Florida has nearly identical requirements for medical malpractice cases. Under Florida Statutes § 766.106 and § 766.203, you must conduct a pre-suit investigation and obtain an expert affidavit before filing. You must send a "Notice of Intent" to the doctor or hospital, triggering a 90-day investigation period before you can sue.

These requirements exist in Florida state court and almost certainly aren't going anywhere. But if your medical malpractice case can be filed in federal court, you likely do not need the expert affidavit upfront.

Federal courts hear cases when parties are from different states, and the damages exceed $75,000. For Florida residents injured by out-of-state healthcare providers, or cases involving federal facilities or interstate medical companies, federal court may be an option.

Getting expert affidavits before filing is expensive and time-consuming. Doctors are often reluctant to testify against other doctors. Pre-suit requirements can delay justice for months while victims struggle with large medical bills.

This Supreme Court decision creates a strategic choice. In the right circumstances, filing in federal court lets you start your case faster, without Florida's pre-suit requirements. You'll still need expert testimony eventually—but you can file first and develop expert proof during discovery.

For victims of medical negligence, such as surgical errors, misdiagnosis, medication mistakes, birth injuries, or nursing home abuse, this decision opens new pathways to justice.

Source: Berk v. Choy, U.S. Supreme Court Case No. 24-440 (January 20, 2026); Florida Statutes § 766.106, § 766.203

What Didn't Pass: A Glimpse at the Future

Understanding what lawmakers tried to change—but failed—tells you where Florida law might be heading.

PIP Repeal (House Bill 1181): In 2025, Florida lawmakers proposed ending the state's 50-year-old "no-fault" auto insurance system. Currently, all drivers carry Personal Injury Protection (PIP) insurance paying up to $10,000 for medical bills regardless of fault.

HB 1181 would have eliminated PIP entirely on July 1, 2026, replacing it with mandatory bodily injury liability coverage. This would have let car accident victims sue for all damages—including pain and suffering—without meeting any injury threshold. The bill died in committee in June 2025, and Florida's PIP system remains unchanged.

Medical Provider Attorney Fees (House Bill 1437): Medical providers who treat car accident victims often struggle to collect PIP payments from insurance companies. HB 1437 would have let doctors and hospitals recover attorney fees when they sue insurers for unpaid bills. This bill also died in committee, leaving many healthcare providers reluctant to treat accident victims because collecting payment can be too expensive.

Why These Failed Bills Matter: These proposals show where Florida legislators see problems and help predict changes in the future. Across the state, the PIP system is widely viewed as broken, as it increases insurance premiums while limiting victims' rights. While these specific bills failed, similar proposals will likely resurface in future legislative sessions currently underway.

Our Commitment: Preparing For Trial from Day One

Personal injury cases are more complex, time-sensitive, and aggressively defended than ever. Insurance companies know the rules, exploit every deadline, and fight harder to pay less.

At Mase Seitz Briggs, we prepare every case for trial from the moment you walk through our door. When we accept a maritime or serious personal injury case, we immediately consult with experts, obtain vessel or vehicle records, interview witnesses, and work with the insurance companies.

Insurance companies know which law firms are willing and able to take cases to trial. They adjust settlement offers based on the attorney across the table. When your lawyer has already retained experts, gathered evidence, and set a trial date, the insurance company faces real consequences for refusing fair settlement.

Take Action Now

Florida's evolving laws create new challenges, but they don't eliminate your rights. Victims injured through others' negligence—whether maritime accidents, auto collisions, medical mistakes, or premises liability incidents—still deserve full compensation.

However, exercising those rights requires urgency. The two-year statute of limitations (deadline to file a lawsuit) from the 2023 tort reform law means time-sensitive action is essential. The new 60-day disclosure requirement means evidence must be preserved immediately. The U.S. Supreme Court's medical malpractice decision creates new strategic options that require experienced counsel to navigate.

If you or someone you love has been injured, contact our firm for a comprehensive consultation. As trial lawyers practicing in both state and federal courts—handling everything from maritime cases to complex medical malpractice—we understand how these laws affect your specific situation. More importantly, we know how to build cases designed to win, because we prepare every case as if we'll be in front of a jury.

The laws have changed. The insurance companies have adapted. Your legal representation must be equally prepared for what's ahead.

Talk to a Lawyer About Your Case Today

If you were injured in an accident in Florida, you do not have to handle it alone. The trial lawyers at Mase Seitz Briggs are ready to help you understand your rights and get the compensation you deserve. Contact us today.

Disclaimer: This article provides general information only and does not constitute legal advice. Personal injury laws are complex and fact-specific. The two-year statute of limitations means immediate action is often required. Consult with a qualified attorney about your specific situation as soon as possible.

5 Reasons to Stay Sober on the Water

A passion for boating and appreciation for Florida's vast waterways often begin early in life. For Floridians, this beloved tradition offers countless chances to unwind and discover the scenic beauty of the state’s extensive coastlines, estuaries, swamps, and springs. While this pastime offers enjoyment, it also carries important responsibilities and legal duties. It's widely understood that some individuals struggle to manage themselves on the water, especially under the sun, with a drink in hand. 

Boating under the influence is a grave offense in Florida, posing risks not only to people but also to the wildlife and marine environment. To combat this, authorities enforce strict penalties for BUI violations. If you or a loved one has been injured in a boating accident, you need an experienced attorney to hold those accountable for your damages and to receive the compensation that you deserve. Contact Mase Seitz Briggs to discuss your legal options.

BUI in Florida

With one of the highest numbers of registered recreational boats, Florida is a hub for boating enthusiasts. Sadly, this also translates to a leading number of boating accidents and deaths. Alcohol use and boating under the influence are the most common causes behind these tragic incidents, leading to countless injuries and fatalities on the water. 

Alcohol can significantly impair your ability to operate a boat safely, and it is illegal to boat with a BAC of 0.08% or higher, just as if you were driving a vehicle. You could be facing severe, far-reaching penalties if you are accused of boating while under the influence or if you have injured anyone while BUI. 

5 Key Facts about BUI:

  1. Legal BAC is 0.08%: Just as if you are operating a vehicle with a BAC of 0.08% or higher, it is illegal to operate a boat. Also, if your BAC shows as 0.05% or higher and you have demonstrated an inability to operate the vessel, you could still face charges safely.
  1. BUI is a criminal offense with severe penalties: Penalties for BUI in Florida are generally a misdemeanor unless you cause serious harm or fatal injury to someone. Your first conviction of a BUI can be punishable by up to 6 months in jail, a $1,000 fine, and 50 hours of community service. Plus, your boat is impounded for 10 days.
  1. Zero tolerance for underage operators: There is zero tolerance for minors who are operating a boat in Florida’s waterways with a BAC of 0.02% or higher. They will face penalties such as a boating safety course, 50 hours of community service, or worse. 
  1. Impact on Judgement and Safety: Boating under the influence significantly impairs judgment, reaction time, and coordination, making it extremely dangerous for the operator and those around them. Florida FWC reports that alcohol is a major factor when it comes to fatalities in boating accidents, and around 23% of all boating fatalities involve drugs or alcohol as a primary cause. 
  1. Repeat offenders: BUI repeat offenders can face increasing penalties such as extended jail time, felony charges, thousands of dollars worth of fines, and an impounded boat. 

Operating a boat under the influence is incredibly dangerous for you, your passengers, other boaters, and even the local wildlife. Drinking affects your judgment, slows your reaction times and throws off your coordination - all the things that you need to operate a boat safely. And if you think refusing a breathalyzer gets you out of trouble, think again. Florida authorities treat such refusals as a violation of implied consent laws, which can result in added penalties, including hefty fines and potential license suspensions.

Contact Our Office for a Free Consultation

When alcohol is involved, a day on the water can quickly turn tragic. If you’ve been hurt in a boating accident, seeking compensation for your damages will require filing a civil lawsuit, as criminal cases don’t provide financial compensation to victims.  Too often, one person’s negligence can lead to the suffering of others. If you’ve been injured by a boater who was operating under the influence, don’t hesitate to protect your rights. Contact Mase Seitz Briggs immediately to have experienced representation for your claim. 

Legal Implications of Titanic Submarine Disaster

Updated at 1:09 P.M. EST on June 23, 2023

A submersible watercraft carrying five individuals has imploded during an expedition to view the wreckage of the Titanic. The carbon-fiber submersible, named Titan, embarked on its journey with a 96-hour oxygen supply on Sunday, June 18, but lost contact with its support ship shortly after submerging. Reports emerged during the search for the missing vessel that debris of components belonging to the Titan were found scattered on the seabed.

It is believed that the submersible succumbed to the immense pressure it faced during its decent leading to an implosion and the loss of all 5 passengers inside the vessel. In the wake of this disaster, it is essential to explore the legal implications surrounding this unfortunate incident.

Liability and Responsibility in Submarine Incidents

Determining liability and responsibility in this case will involve a complex legal analysis. Several parties could potentially be held responsible, including the operators of the submersible, OceanGate Expeditions, and the individuals directly involved in the expedition. Proof of negligence is paramount to determine whether any of these parties are liable.

Operator Liability

In 2018, an employee at OceanGate Expeditions, David Lochridge (the Director of Marine Operations at the time), filed a claim against the company alleging he was unfairly fired. According to the claim, the company held a meeting in January 2018 about concerns over the quality control and safety of the submersible. Lochridge alleged major safety issues including the use of a porthole that was only certified to withstand pressure of 1,300 meters (for reference, the Titanic wreckage is located at a depth of 3,800 meters). At the end of the meeting, after saying that he would not authorize any manned tests of the Titan without a scan of the hull, Lochridge was fired and escorted from the building. OceanGate maintained in its lawsuit that the submersible Titan “is designed to reach depths as great as 4,000 meters.”

OceanGate Expeditions, as the owner of the submersible, has a duty of care to ensure the safety of their passengers and the proper functioning of their equipment. Any negligence on their part, such as inadequate maintenance or failure to provide sufficient training and emergency procedures, could potentially make them liable for the incident. Notice of possible dangers, as Lochridge discussed in his 2018 meeting, may also play a role. OceanGate could find themselves at fault if it knew that the Titan was not adequately designed to withstand pressure at depths of 3,800+ meters.

Adequacy of Safety Measures

The safety measures implemented by the support ship and OceanGate Expeditions will be evaluated. This includes examining the communication systems, emergency protocols, and contingency plans in place to respond to such situations. If any shortcomings are identified, it could result in legal consequences for the responsible parties.

In assessing the adequacy of safety measures, it is important to consider the specific features and design of the submersible. In this case, the submersible is reported to be bolted shut from the outside, making it inaccessible to the occupants and potentially complicating rescue efforts.

The fact that the submersible's exit hatch requires specialized tools to open raises additional concerns regarding the feasibility of immediate rescue operations. If the vessel is located but cannot be opened without the appropriate tools, it could significantly delay the extraction of the occupants.

In addition to statements by former employee David Lochridge, emerging reports from former expedition passengers have surfaced with one adventurer who went on this very expedition in August 2021 stating that he was ‘incredibly lucky’ to survive. The passenger, Arthur Loibl, called the voyage a ‘suicide mission’ and when speaking to German tabloid Bild, noted a number of red flags that he witnessed during his adventure including electrical problems, loose components on the vessel being reattached with zip ties, and more. A would-be passenger, Chris Brown, who was originally planning on going on this tour of the wreckage has also emerged stating that he withdrew due to safety concerns.

Jurisdictional Issues and DOSHA

Determining the applicable jurisdiction and the specific laws governing the incident will be an important aspect of any legal proceedings that may arise. The incident took place in the waters surrounding the wreckage of the Titanic which is in international waters about 370 nautical miles off the coast of Newfoundland, Canada.

Under the Death on the High Seas Act (“DOSHA”) a decedent’s “spouse, parent, child, or dependent relative” can bring a civil action in admiralty against the person or vessel responsible given that the incident occurred on the “high seas”. The “high seas” means “beyond three nautical miles from the shore of the United States.” This would only apply if the claim was filed in a U.S. court, not in Canada.

In the unfortunate event that the five passengers aboard the Titan submersible are not found alive, their family members may be able to bring a DOSHA claim to recover for the wrongful death of their loved one. The Titan lost contact with its support ship when it was nearly halfway down to the Titanic’s wreck. The wreck is roughly 900 miles east of Cape Cod in Massachusetts, and, therefore, certainly more than three nautical miles from the shore. If the family members can establish that the passengers on the Titan were killed as a result of a wrongful act or negligence, they may be entitled to recover monetary damages under DOSHA.

The flag state of the support ship Polar Prince (Canada) and the submersible will play a significant role in determining jurisdiction and viability of a DOSHA claim. The laws and regulations of the flag state typically apply to vessels registered under its flag, including issues of liability and safety standards. OceanGate, the company responsible for the operation of the submersible, is a privately held company based in Everett, Washington.

International Maritime Law

As an incident involving multiple nationalities, international maritime law principles will likely come into play. International conventions, such as the International Convention for the Safety of Life at Sea (SOLAS) and the International Convention on Salvage (SALVAGE), provide guidelines and legal frameworks for maritime safety, salvage operations, and liability issues.

Contracts and Liability Waivers

Prior to embarking on the journey to the Titanic, passengers were required to sign a waiver acknowledging the potential risks associated with deep-sea diving in the submersible. Companies that take guests on dangerous expeditions often require people to sign waivers before the expedition in an attempt to purge themselves from potential legal issues. The specifics of this waiver and other contractual agreements between the passengers and OceanGate may have bearing on any claims that emerge from this incident, depending on the wording of the documents.

The disappearance of the submersible during a Titanic expedition raises numerous legal implications. Determining liability, evaluating search and rescue efforts, considering jurisdictional issues, and reviewing any contractual agreements between the tour company and its passengers will be crucial steps in any legal proceedings that may follow. In the wake of this disaster, it is imperative for authorities, legal experts, and relevant stakeholders to work together to ensure a comprehensive investigation and address any legal ramifications arising from this unfortunate incident.

Eleventh Circuit Affirms Defense Verdict in Fight Case

Gould v. Carnival Cruise Lines

The Eleventh Circuit Court of Appeals affirmed the defense trial verdict entered on behalf of Carnival obtained by the trial team from Mase Mebane Seitz, which was led by Curtis J. Mase and William Seitz.

In Gould, the Plaintiff claimed that she was injured while she was reboarding the ship in Nassau. She was getting onto the gangway when two passengers got into an altercation in front of her. One of the passengers knocked Plaintiff off of the gangway to the pier below. She hit her head and claimed a traumatic brain injury. Plaintiff alleged that Carnival failed to adequately monitor the pier and gangway, and that it failed to provide adequate security. She asserted that Carnival had notice of the violent propensity of the two passengers because they were involved in a previous altercation on the pier before they got onto the gangway. In a 67-page Order, the District Court wholeheartedly disagreed with Plaintiff and entered a verdict in favor of Carnival on all counts. The Court found multiple reasons why Plaintiff’s claims failed. Of note, it found that a cruise line does not have a duty to monitor the pier in a foreign port. It also narrowly defined the risk creating condition. In this case, the Court found the risk creating condition to be only the specific passengers involved in the fight, not the general risk of passengers getting in a fight.

The decision helps limit cruise lines’ duties for incidents that occur off the ship, including on the pier. It also continues the Eleventh Circuit’s trend of more narrowly defining the risk creating condition in fight cases – the passengers themselves, not the propensity for fights overall.

Gould v. Carnival Corp., Case No. 19-cv-20289-JG, (S.D. Fla. Sept. 2021), affirmed Gould v. Carnival Corp., Case No. 21-13308 (11th Cir. 2022).

No More Motorized Scooters for Miami?

Miami City Commission Votes to End, Then Reinstate Motorized Scooter Program

In November 2021, the Miami City Commission voted to end a multi-year program that allowed motorized scooters to be placed throughout the city. The program, which had been in place for several years, came to an abrupt end with vendors being told they had a week to pick up their inventory. Electric scooter opponents have long been concerned about the dangers they present to traffic and pedestrians.

At Mase Mebane Seitz, we represent individuals who have been hurt or killed as a result of another person’s negligence. Dockless, motorized scooters can cause serious harm to an unsuspecting person. If you have been injured in a motorized scooter accident, contact our office at (844) 627-3529 for a free consultation. 

The Motorized Scooter Debate

Since at least 2018, Miami has approved the use of motorized scooter rentals in the city. The pilot program originally authorized nine private operators to rent nearly 4,000 dockless electric scooters in an effort to improve micro-mobility throughout Miami. 

The program has been met with controversy since the beginning. Last year, the Miami City Commission voted to suspend the program until new regulations could be passed. Despite new safety efforts, the commission again voted to end the program in November. 

Critics have noted that the scooters are often left haphazardly on the sidewalks, creating a prime opportunity for injury. They also pose a risk to vehicular traffic and to passengers who are not familiar with the machine.

Reinstated with New Regulations

As noted by NBC 6 South Florida, a week after the commission decided to end the program, they notified the public that they would hold a special meeting to address the issue. At the meeting, commissioners voted 3 to 1 to rescind the ban on the scooters. However, they imposed new regulations in an attempt to make the devices safer.

New motorized scooter regulations could include:

The new rules were recently released, and bans have already been issued. According to NBC, five of the seven scooter companies in Miami are now banned for their failure to adhere to the new rules. Helbiz and Spin are now the only permitted options.

What to Do If You Are Involved in a Scooter Accident

Whether you are injured while riding on a motorized scooter or injured as a result of one, you might be entitled to compensation. It is essential that you act quickly as you only have a limited amount of time to file a claim based on personal injury. 

It is in your best interest to contact an attorney immediately after the accident to ensure that you receive the maximum compensation available in your case. Motorized scooters can be a hazard for riders, pedestrians, bicyclists, and others; companies must be held accountable for any resulting injuries.

Injured in a Motorized Scooter Accident? Contact Our Office!

Were you or a loved one injured in a motorized scooter accident in Miami? Contact our office at (844) 627-3529 for a free, no-obligation consultation. Our experienced trial lawyers will help determine if you have a right to compensation against a negligent company or individual.