Sexual abuse and sexual assault are horrific crimes and are treated as such by the justice system. Law enforcement agencies and the courts gather evidence and establish criminal cases to convict abusers and put them in prison for their offenses.
Yet victims sometimes feel left out of the procedure. The Coral Gables sexual abuse lawyers from Werner, Hoffman, Greig & Garcia can give you the support and legal help you need and get the civil justice you deserve. Our personal injury attorneys can assist in holding abusers or liable third-parties accountable for what happened to you.
After the shock and trauma of a sexual assault, many victims want to leave the matter to law enforcement and get on with their lives. Some may be surprised to learn they have additional options besides leaving it to the police.
Just like any other personal injury case, victims of assault have a civil claim against their attacker or a person or entity that failed to protect them. Victims sometimes have difficulty pursuing these claims because it means facing the defendant in court and discussing the assault. That’s why they need experienced attorneys in Coral Gables who have the ability to handle sensitive sexual assault injury cases.
Civil lawsuits are based on tort law, meaning the defendant wronged the victim or infringed on their rights. This wrong can be corrected, at least in part, with monetary damages. While this cannot take away the experience, it can at least help in addressing financial and psychological losses:
Victims may even have third-party claims. For instance, if an employer kept a worker who had had a sexual assault charge filed against them, the plaintiff could have a claim against the employer under “vicarious liability” or other legal theories.
Florida has a Victim Compensation Fund to help some victims of violent crime. The conditions are limited, and victims may need legal help to determine if they qualify for assistance.
Civil claims can be difficult to manage. Unlike criminal cases, where the state prosecutor handles the investigation and court proceedings, the plaintiff in a civil case must with with legal counsel to gather evidence, file documents, and contact the opposing parties and their attorneys.
The Coral Gables lawyers at our firm know that any sexual assault injury claim is difficult for victims and their families. You already have financial and physical matters to cope with, but we can take over the legal matters so you can focus on recovery. Essential evidence in these claims can include:
Attorneys act as a buffer between the plaintiff and the other party. At a time when the victim may have difficulty discussing the case, we ensure your privacy and protect your legal rights while fighting for compensation.
No. The criminal and civil cases are separate and conducted in different courts. If the judge feels the civil case should be delayed in the interests of justice, it will not impact your claim.
No. The standard of evidence is different in a criminal case (beyond a reasonable doubt) versus a civil case (preponderance of evidence). If the defendant is found not guilty, the civil case can still proceed.
In a sexual abuse civil case, you need more than an effective attorney. You need someone with compassion and empathy who can help you talk about a very personal and difficult experience.
The Coral Gables sexual abuse lawyers at Werner, Hoffman, Greig & Garcia will listen to your story and help you initiate your claim. The initial consultation is free and confidential, and we work on a contingency fee basis, so there’s no cost to you. Call us today for a case review.
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