Founding Attorney
Many people focus on the criminal penalties associated with sexual assault. Yes, we all want to see the perpetrators of such crimes be brought to justice, but what about helping the victims of these crimes? The civil justice system can provide victims with much needed compensation for the harm they have endured. Attorney Michael LoGiudice helps sexual assault victims recover monetary compensation to help them cover the damages they have and may continually endure.
How Can a Sexual Assault Victim Recover Compensation?
Sexual assault victims have the opportunity to bring a civil case in order to receive compensation for the harm that has come to them as the result of the crime committed. This means they can be compensated for:
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Medical bills
Rehabilitation
Counseling services
Lost income
Pain and suffering
Emotional distress
The person who committed the crime can be held accountable to pay these damages in the civil suit. Other parties may be brought into a civil lawsuit as well. Parties other than the perpetrator of the crime who may be held liable in a civil suit include:
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If the crime occurred while the perpetrator was on the job: the employer;
If negligent security is found to be a contributing factor to the crime’s occurrence: the owner of the property where the crime occurred; or
If the perpetrator spoke to a psychologist about plans to commit the crime: the psychologist who failed to report such plans.
In some cases, a government agency may be found civilly liable. This happens in instances such as where law enforcement may have continuously failed to respond to criminal activity reports. The failure to respond may be seen as a failure to prevent future criminal activity.
In a criminal case, the perpetrator’s guilt must be proven “beyond a reasonable doubt.” In a civil case, however, the standard of proof is lower. For a person to be held liable in a civil suit, the plaintiff must prove her case by a “preponderance of the evidence.” For this to be accomplished, the greater weight of the evidence must tip in favor of the plaintiff.
Sexual assault victims may also receive restitution if it is ordered in the criminal case. This occurs during the sentencing of the criminal defendant. The court has the authority to order the defendant to cover certain costs incurred by the victim. However, there can be many problems trying to actually collect the restitution that has been ordered.
New York State also has a Crime Victim Fund available to help reimburse victims for some of the losses they have endured as a result of a crime. Funds are limited. Additionally, the victim must be able to prove that they have exhausted all other means of receiving reimbursement.
Sexual Assault Victims, You Have Been Through Enough. Get Legal Counsel You Can Count On.
The trauma of being the victim of sexual assault can linger indefinitely. On top of all that you have been through, you may face medical bills and therapy bills that pile up in the wake of this devastating occurrence. You do not need to go through this alone. Attorney Michael LoGiudice is here to pursue any means of civil recovery to get you compensation that will help you get back to something close to life as you know it.