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Sleep Study Sexual Assault Attorney


A sleep study is a test that takes place at a hospital of clinic, often referred to as a sleep center. A doctor will recommend you for a sleep study if you are suffering from sleep disorders, like sleep walking, sleep apnea, insomnia, and REM sleep disorder. The testing process typically involves an overnight stay at the sleep center, where you will be hooked up to a series of electrodes that monitor changes in your body as you sleep. It’s a non-invasive, painless procedure that provides your doctor with the necessary information to treat your medical condition.

The owners of the facility, as well as the employees that are in charge of your test, are responsible for ensuring your safety and well-being while you are at the sleep center. This includes taking all reasonable measures to prevent incidents of sexual assault. Patients in a sleep study are especially vulnerable to sexual abuse due to the fact they’re asleep. If you or your family member was sexually assaulted due to negligence by the sleep center or their employees, we can help you get justice through a personal injury lawsuit. To learn more about your legal options, contact DTLA Law Group to schedule a free case evaluation.

What are the Effects of Sexual Violence?

When someone is sexually violated, there are many physical, psychological, and emotional injuries they can suffer from. These effects can stay with the victim for the rest of their life, but on-going medical care and therapy can help with the healing process. The effects of sexual assault include:

  • Sexually transmitted diseases (STIs)
  • Unwanted pregnancy
  • Post traumatic stress disorder (PTSD)
  • Depression
  • Suicidal thoughts
  • Self-harming behaviors
  • Eating disorders
  • Flashbacks, nightmares, and panic attacks
  • Insomnia and other sleep disorders
  • Alcohol and drug use
  • Disassociation (Mental disconnection from thoughts, memories, people, etc.)

While help is available, treatments are more effective the earlier you reach out for help. Please speak with a doctor and/or a hotline for victims, such as RAINN at rainn.org or 800-656-HOPE. You should also explore your legal options, which we can assist you with during a free, no-obligation case review.

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Can I Sue if I was Sexually Assaulted during a Sleep Study?

Yes, you can sue for a sexual assault that occurred during a sleep study, which can help you recover medical expenses, lost wages, and pain and suffering for the emotional trauma associated with your attack. One party you can sue is your attacker – for example, an employee at the sleep center or an intruder that should not have been on the premises. But the hospital or clinic can also be sued if negligence on their part contributed to you being sexually assaulted. Negligence by an organization can take place in many forms, including:

  • Insufficient security measures, like lack of surveillance cameras that can help deter sexual predators.
  • Broken doors and locks that allow unauthorized people to enter the building.
  • Failure by security personnel to properly screen people entering the facility.
  • Improper or lack of background checks on employees.
  • Improper training to ensure that employees take the proper safety measures when someone is in their care.
  • Patients being left without supervision, due to a careless or distracted technician.

It’s worth noting that sleep study patients include children, who are especially vulnerable to sexual attacks. Sleep centers allow parents to stay overnight in the same room with the child, but what if the parent needs to use the bathroom or gets an emergency phone call? Technicians monitoring the child should be prepared for these situations, and parents have the right to expect that their children are being supervised at all times.

In short, there are many to show that a sleep center’s negligence led to your sexual assault, or that of your loved one. Please don’t delay in seeking the justice you deserve. Contact our office and speak to a lawyer who can fight for your rights as a victim of sexual abuse.

Statute of Limitations for a Sexual Abuse Injury Claim

Most personal injury claims in California have a two-year statute of limitations, but the deadline is much longer for sexual assault cases. If you are an adult victim of sexual abuse, you have 10 years from the incident date (or the date of the last incident of abuse) to file a lawsuit for compensation. If a physical or psychological injury from the assault is not discovered until a later date, victims have 3 years after the date of discovery to file an injury claim.

Child victims, on the other hand (under 18 years old), have until the age of 40 or 5 years from the discovery date of an injury – whichever comes later – to sue for a case of sexual assault. These timelines went into effect on January 1, 2020, so victims who were assaulted on or after that date now have more time than ever to seek monetary damages. But what if the statute of limitations on your case expired as of January 1, 2020? Fortunately, there is a three-year lookback window under California’s Assembly Bill 218. The lookback window allows victims to pursue an expired claim for childhood sexual assault, but only up until December 31, 2022. As the deadline for the 3-year window is approaching soon, make sure to call us right away to ensure that your claim is filed on time.

What is the Average Value for these Cases?

Sexual assault lawsuits are highly valuable cases, due to the extreme level of trauma that a victim has to live with for the rest of their lives. Based on our experience, we expect to see settlements in the range of $1 million to $7.5 million for these lawsuits. Compensation for child sexual abuse is higher than average due to the “treble damage” rule under AB-218. If there was a deliberate effort to hide evidence of child sexual assault (not reporting the incident, destroying documents, etc.), the defendant can be ordered to pay three times the damages that the victim is entitled to.

Of course, your own case value may be lower than the amounts we’ve stated, but even cases on the low end can bring in settlements in the 6-figure range. The key is to speak with a lawyer right away and get started on the process of building a solid case.

How long do I have to Wait for my Settlement?

The amount of time that’s needed to recover your payment is not something we can predict ahead of time. Some of our cases are settled within the first 6 months, while others required two or more years. Generally, we run into one of two situations:

  • The defendant wants to avoid negative press from allegations of sexual assault and makes an offer as soon as possible.
  • The defendant fights zealously to deny liability for a sexual abuse incident, and as a result, it becomes necessary to file a lawsuit.

Even if a settlement can be negotiated, it may take numerous offers and counteroffers before you and the sleep center agree on the numbers. As a result, 12 or 18 months can go by before you receive your settlement check. If there is no other choice but to file a lawsuit, the recovery process for a sexual assault case can take up to several years.

We offer Free Second Opinions

Unfortunately, many people find themselves in the middle of a case that isn’t going anywhere. Others are unhappy with the lack of time and attention from their attorney, but they’re not sure what their options are. If there are any problems with your case that you would like to discuss with another attorney, please schedule a second opinion with the lawyers of DTLA.

This is a completely free consultation with one of our legal experts. Some clients simply need verification that their case is on the right track, while others come to us with more serious problems. Switching your lawyer may be the best choice to protect your claim, but it’s essential to understand how this process works and what it means for your case. If you have any questions or concerns that we can assist you with, please schedule a second opinion consultation.

Speak to a Sleep Study Sexual Assault Attorney

No one expects to be sexually violated while they’re in the hands of medical professionals. Sadly, sexual assault is not uncommon in hospitals and clinics, and most of these incidents could have been prevented through basic maintenance and reasonable security measures. As a victim of another party’s negligence, you have the right to demand compensation for your harm and suffering. However, these cases are extremely challenging to prove without help from a lawyer experienced in sexual assault cases,

The attorneys of DTLA have the necessary knowledge and experience to recover your damages. We will not rest until you receive restitution for your physical and mental injuries. In addition, we operate under a Zero fee guarantee, which means you pay us absolutely nothing for our services. All our expenses are paid by the defendant as a part of your settlement. That means we only get paid by winning your case, and if we lose, you won’t be billed for any of our expenses.

Contact us today to learn about your rights and the legal actions you can take. We look forward to meeting you during a free, no-obligation case review.

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