Assault and battery
can happen to anyone, but one of the worst occurrences is sexual assault
. It can leave victims feeling violated and helpless, and it may even result in years of emotional scarring
. To make matters worse, the assaults often happen in isolated locations with little to no witnesses, and the ensuing claims may contain very few pieces of evidence outside of statements from both parties
. If you have been sexually assaulted
, you should take legal action – victims can file both criminal charges
against the responsible party as well as a civil claim to pursue monetary damages
. It is highly recommended, however, that you seek out the assistance of a qualified sexual assault lawyer
who has experience handling such cases and can bring you the compensation you deserve. Our team of skilled sexual assault attorneys at the Downtown LA Law Group
will work around the clock to secure you the maximum restitution possible, and we will not give up until we are satisfied with the result.
– My Uber Driver Sexually Assaulted Me, What Should I Do?
What Is Sexual Assault?
Sexual assault is any unwarranted sexual act that causes discomfort, pain, or injury to another individual
itself has been defined as any intentional act that instills the fear of harm into another person
. This definition can be loose at times because of verbal altercations, threats, and more. Assault thus does not need to have physical contact behind it.
What Is Assault?
Assault is sometimes defined as any intentional act that causes another person to fear that she is about to suffer physical harm. This definition recognizes that placing another person in fear of imminent bodily harm is itself an act deserving of punishment, even if the victim of the assault is not physically harmed.
, on the other hand, involves physical contact
, such as punching, striking, hitting, kicking, holding, choking, and other actions. It is generally viewed as a completion of the assault. However, in recent times, assault and battery have become nearly indistinguishable, and are commonly used as the basis of lawsuits together.
Complete a Free Case Evaluation form or call (888) 649-7166 today.
There is no distinct title for sexual assault. To file such a claim, you’ll simply be partaking in an assault and battery lawsuit, although the charges may be bumped to aggravated assault.
– Nightclub Security Sexual Assault Attorney
Examples of sexual harassment and sexual assault include:
- Groping body parts
- Unwarranted touching and fondling
- Unsolicited photos and requests for photos
- Lewd statements and remarks
- Forced sexual acts
- Sexual abuse
- Sexual exploitation
If you feel that you have been sexually assaulted in any way
, you should seek out the assistance of an attorney so you can file a lawsuit against the responsible party.
What Should I Do If I’ve Been Sexually Assaulted?
You should make sure to get to a safe space to avoid any further harm or damage from the perpetrator. Some instances of sexual assault are isolated occurrences and may only happen if you are out late or if someone attempts to hurt you. Other incidents are long-lasting and may be a form of sexual abuse; for example, repeated offenses at work.
You should complete the following actions if you have been sexually assaulted:
Get medical attention at once
. You should go to a hospital to have a rape kit done if you were assaulted in such a way, or you should be treated for any injuries that happened because of the assault. It is important that you go to the hospital to get checked as quickly as you can after the incident. This will prevent the insurance company from claiming that you were blaming the injuries on the assault when they really happened elsewhere. You can also use the medical notes and treatment report as evidence to show the extent of your injuries.
– Hotel Sexual Assault
Similarly, you should take pictures of your injuries and any damages
that you suffered. Photos of the scene of the incident can also come in handy, as they may show how an area is not well-lit or how it can be easy to be assaulted with no chance of getting help.
If there were any witnesses who saw
the assault take place, you should take down their statements
. If the assault happened over a period of time, you may be able to collect numerous testimonies, as well as any messages, emails, and more that can establish a pattern and show more than one incident. There may also be video evidence from surveillance cameras if the incident happened at a place of business.
Get started today by calling (888) 649-7166.
If you need to, it can be wise to join a support group of some kind to work through the emotional trauma
that will undoubtedly result from the assault.
Lastly, you should hire a qualified sexual assault attorney who can represent you and litigate your case. The reason is simple: you may not have any of the legal experience needed to successfully win the case, and you may suffer from a lack of time and knowledge as well. A lawyer can use his wealth of information and team to handle the case, and you can provide your story and evidence for the claim.
Who Can I Sue For Sexual Assault?
A sexual assault lawsuit can be filed against a few different parties depending on who was liable for the act. Of course, you can file a lawsuit against the individual who carried out the assault. You can also bring him up on criminal charges in a separate claim. Keep in mind that criminal charges can result in jail time, and thus require a higher burden of proof, whereas civil claims only result in monetary compensation, and thus require a lower burden of proof.
– Uber and Lyft Assault and Battery Lawsuits
You may be able to file a claim against a third-party. For example, if you were an employee and your employer did not do his due diligence in protecting you, you could file a claim against the business. He may not have turned a customer away after repeated warnings and complaints, for instance. You can also take action against locations that do not have adequate lighting, ample escape routes, and more. If an environment can make it easier for a sexual assault to be carried out, you could potentially include the responsible party in a lawsuit. This is especially true if there have been assaults there before and complaints were filed but nothing was done about them or about changing the property.
You may be able to sue a school if a teacher or professor sexually assaulted you
or one of your children, or a hospital if a doctor or nurse sexually assaulted a patient during a stay, therapy, surgery, check-up, and more. Similarly, you could sue the city or police department if an authority figure sexually assaulted you.
Any establishment that places individuals in a position of power over others means that the establishment could be held liable for those authority figure’s actions. There may have been no background check conducted or the employee may have been allowed to work despite a history of sexual misconduct.
An expert lawyer can help you determine who is liable in a sexual assault lawsuit.
How Long Do I Have To Sue For Sexual Assault?
If you intend on filing a civil lawsuit for damages from a sexual assault incident, you have two years from the date of the injury to take legal action. If you do not sue within that time frame, you will be barred from pursuing compensation in the future. The statute has been established to make sure that claims are filed in an acceptable amount of time and do not take years to come to light.
Check also School Sex Abuse
You may be able to have the statute of limitations temporarily extended, however. This extension can happen if you fit certain criteria. For instance, if you were under the age of 18 at the time of the assault, the statute of limitations would not begin until you turned legal age. Further, if the defendant left the state for any amount of the time, the statute would be suspended until he returned.
– Nursing Home Sexual Assault
Learn more about your legal options: call (888) 649-7166 to speak with a representative now.
If you are unsure of how much time you have left to file a claim or if you are curious if you are eligible for any other exceptions, reach out to our law group for more assistance.
How Much Could I Earn In A Sexual Assault Claim?
Our team of lawyers will strive to bring you every penny you deserve if you have been sexually assaulted. A personal injury lawsuit can result in various types of compensation, including the following:
- Medical expenses for any injuries, treatments, surgery, physical therapy, medication, and future procedures
- Lost wages from the past and future if you needed to miss days of work due to the trauma of the incident
- Property damage if any personal belongings were lost or damaged in the incident
- Pain and suffering damages, including PTSD, fear, anxiety, emotional scarring, psychological trauma, and more
- Punitive damages, which are additional amounts of monetary compensation that are meant to punish the defendant and dissuade him from acting in a similar manner in the future; these damages are often viewed as excessive and are hard to win, though, so only a skilled attorney will be able to secure them for your case
The worth of your case will be determined by the insurance agent representing the liable party. He will weigh your injuries and examine their extent and impact they had on your life and career. He will also examine other factors of the incident, and we will strive to negotiate a fair deal and prove that you had no hand in the occurrence at all.
Why Choose The Downtown LA Law Group
The Downtown LA Law Group
has a team of experienced lawyers who have spent combined decades handling sexual assault claims. We are no stranger to such lawsuits and know the best and most proven methods to securing your clients every bit of compensation they need. We have recovered millions of dollars for victims of sexual assault through settlements and trials. Our aggressive lawyers will constantly work to win your case, and if we must go to court to show that you were a victim and that your basic human rights were violated, we are willing to do so.
Call our law offices
today to set up a free legal consultation with one of our expert lawyers. All consultation re confidential; none of your personal information or case details will be shared outside of our walls. If you have any questions about your case, such as its potential worth, how viable it is, and what the legal process is like, we will gladly answer you. We will also give you our opinion on your case and how successful we think it can be.
If you choose us to represent you in your sexual assault lawsuit, you will receive our zero fee guarantee, which promises that you won’t have to pay a single dime of your own money throughout the case. We will cover all the costs, and if we lose, we eat the losses ourselves. If we win, we collect our expenses from the settlement we bring you. Your financial security is important to us, and you will never be at a loss when working with our firm.
Reach out to the Downtown LA Law Group
if you wish to file a sexual assault lawsuit. Our empathetic team will help you through the claim process and will see to it that you fully covered for any and all damages and injuries.