Sexual assault may cause lasting emotional and/or physical damages. If you were the victim of sexual assault, you may qualify to file a lawsuit in civil court and hold the responsible parties liable. We may be able to help you file a lawsuit to pursue damages, including medical bills, pain and suffering, and more.
Call D. Miller & Associates, PLLC™ today at 1 (855) PRO-LAWYERS. To make it easier to get help in this trying time, our team offers complimentary case reviews. A sexual assault victim lawyer from our firm may be able to help you hold the individual and any other parties liable for sexual assault.
Recoverable Damages in a Sexual Assault Civil Case
Every civil lawsuit is different, and the circumstances of every sexual assault are different. We won’t let your experience be reduced or belittled, and instead will work with you and your support system to learn how this has affected you and pursue specific financial recovery.
Some of the types of recoverable damages in a sexual assault civil lawsuit may include:
- Medical care costs
- Therapy expenses
- Lost wages
- Emotional damages
- Pain and suffering
- Mental anguish
We understand that determining your possible financial recovery may be difficult for you, as it could involve going over what you suffered. Our team will remain sensitive and mindful of your trauma while working to obtain the damages you deserve.
Coping and Support Services Are Included
Healing from your psychological injuries may be a long process. However long it takes for you to receive closure, treatment for emotional and mental trauma should be included in your case.
We can negotiate for financial recovery to help with costs associated with:
- Depression
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Related conditions
The Mayo Clinic lists sexual violence as a common cause for PTSD. With that condition can come intrusive memories and flashbacks, avoidance behaviors, and difficulty functioning in your everyday life.
Due to being a direct result of your assault, these struggles deserve commensurate damages. We can use expert testimony and medical evidence to highlight your mental health diagnoses and pursue financial recovery for their cost.
Difference Between a Sexual Assault Criminal Case and Civil Case
If the perpetrator of your case was caught, they are likely facing criminal charges. However, you also may be able to file a sexual assault civil lawsuit to recover for the physical and psychological harm you endured. This may be true regardless of the outcome of a criminal case, or even in cases where the individual did not face criminal charges.
In fact, you don’t need to wait until the results of the criminal case to start pursuing civil action. Moreover, we encourage you to explore your options quickly to have adequate time to investigate and build a case. Victims can reach out to our sexual assault lawyers right away to discuss a lawsuit.
Criminal Courts Focus on the Perpetrator
The goal of the criminal justice system is to identify the individual of a crime and to bring the defendant to justice. Defendants convicted of sexual assault may face penalties such as jail time, fines, and other consequences.
The burden of proof for a criminal case is “beyond a reasonable doubt.” The prosecutors must build a case to convince jurors that the defendant is guilty “beyond a reasonable doubt.”
While this process can bring the perpetrator to justice, which can provide you some measure of closure, financial recovery for your suffering is not included. Essentially, criminal prosecution is about righting a wrong in the eyes of the law and society.
Civil Courts Focus on Your Recovery
The goal of a lawsuit in civil court is recovery for the victim—rebalancing the scales in favor of a wronged individual. Victims may pursue a civil suit to help them recover damages related to the sexual assault.
In contrast with a criminal case, the burden of proof in a civil case is a “preponderance of the evidence.” This means you need to convince the jury that it is more likely than not that the defendant is liable for the victim’s damages. You don’t need to do this on your own. Our sexual assault attorneys help victims by compiling this evidence.
It may be possible to secure your civil case even when the defendant was not convicted in a criminal trial. The two are treated independently, as if the other case does not exist. If the criminal case for your assault was not successful, you still have options, so don’t give up!
Our Team May Be Able to Help You File a Civil Case for Recovery
Our team may be able to help you build a case if you are the victim of a sexual assault, including:
- Rape
- Forced sodomy
- Forced penetration with an object
- Sexual abuse
- Sexual violence
- Any sexual contact without consent
Building a case involves not just investigating and gathering evidence but also supporting you and shielding you from additional stress or trauma. That support includes remaining available to address your concerns, stepping in to take over elements of the process if you feel overwhelmed, and making sure you understand exactly where your case is going.
Identifying Liable Parties
In some cases, we may be able to identify and file a lawsuit against other parties, in addition to the individual who assaulted you. This may be possible if the assault occurred at school or work, or in another place of business, or if the individual was worse. Those places have an obligation to protect students, employees, and visitors from harm. Failure to uphold that duty could mean they were negligent.
For example, hundreds of women have taken action against the University of Southern California (USC). These lawsuits allege that USC knew about the accusations of sexual assault and misconduct by gynecologist Dr. George Tyndall, but the university allowed him to continue seeing patients for three decades.
You may not realize that multiple parties can be held liable for your experience. Our investigators can analyze these options with you.
Ensuring You Meet All Deadlines
There are deadlines to take civil action. These deadlines, known as statutes of limitations, depend on the state.
Statutes of limitations for sexual assault vary. Each state has its own rules about how long you have to file a lawsuit. If you do not file a lawsuit before this deadline passes, you may be unable to take civil action.
During your case evaluation, we can discuss the deadline that applies to your case, as well as any factors that may cause it to deviate from the norm. We can then make sure all paperwork is filed on time and help you pursue justice.
Contact a Sexual Assault Victim Lawyer About Your Case Today
We offer complimentary consultations so that you have one less thing to worry about as you start down the path to healing. Contact a sexual assault victim lawyer from D. Miller & Associates, PLLC™ today to take your first steps.
Call our office at 1 (855) PRO-LAWYERS for your free case evaluation with a member of our team.
We are listening and want to give you a voice!
