If you hear the words, “sexual assault,” you may think that they fall under the category of criminal legal filings. However, you can also get help by filing a civil lawsuit. In legalese, “damages” refers to giving the victim monetary compensation for abuse or injury. Therefore, you need to speak to a civil litigation attorney about filing a claim to receive compensation.
While a sexual assault incident may lead to a criminal prosecution including jail time and fines, you need to find another means for gaining a resolution for physical or emotional distress, or pain and suffering.
Use the Services of Civil Litigation Attorneys to Hold the Perpetrator Accountable
Civil litigation attorneys can assist you in exploring the facts of you sexual assault case to support a personal injury claim. They can help you determine the types of damages and the amount of an award you should receive for a lawsuit.
Attorneys for victims of sexual assault hold the perpetrator accountable. In these situations, this may entail filing a personal injury claim for intentional infliction of emotional distress or civil assault and battery.
Gathering the Evidence
A personal injury lawyer can assist you in gathering the evidence needed to prove that the other party caused your pain and suffering. This evidence may take the form of medical records along with the related payments for treatment.
Helping with Counseling
Personal injury lawyers may also help you receive psychological services if you have not yet received this therapy for related conditions to the assault such as post-traumatic stress disorder (PTSD) or depression.
Calculating Damages in the Case
When attorneys establish damages in sexual abuse cases, they calculate the physical and emotional harm already experienced and the harm the victim will continue to experience from the abuse. This may include receiving compensation for a resulting condition, such as drug abuse or getting treatment in rehab.
Collecting the Money – What You Should Know
Even if the perpetrator is found guilty, the settlement money may be difficult to collect. In many of these cases, the only source of compensation may be the guilty party’s personal assets – unless another party is liable. Insurance policies will not cover incidents of “purposeful conduct.”
If the sexual assault happened at a school or business where the perpetrator worked, you may also hold the employer, in this instance, liable. Attorneys, in these situations, can help victims by establishing negligence, showing that the supervisor or employer was negligent in addressing the matter.
Establishing a Standard of Proof
The standard of proof in a civil case is lower than in a criminal case. In a civil case, an attorney only needs to show that a preponderance of the evidence to show a defendant is liable for damages. Criminal lawyers, on the other hand, must show a burden of proof – beyond a reasonable doubt.
Get Help Now – Don’t Wait
Learn more about your rights for seeking damages in a sexual assault civil case today. If you have a claim, you should speak to an attorney immediately.