Victims of sexual assault have the option of filing a lawsuit in court to request compensation from the attacker, which can be used for medical bills, therapy, and other expenses that they may have as a result. It is important for victims to understand the process and what they may need to do to file a lawsuit, so they know what to expect as the case proceeds. Hiring a lawyer can help them get answers to any questions they may have about a potential lawsuit.
Criminal Versus Civil Cases
There are two types of cases, criminal and civil. They are completely separate, though a criminal conviction can help in a civil suit for sexual assault by proving the assailant was found guilty. Victims may not have any say over whether criminal charges will be filed, as that is up to the state prosecutor. However, they do have a say in whether they would like to file a civil lawsuit against their attacker. This is the case that will allow them to get compensation for their injuries, physical and mental, sustained in the assault.
Investigation and Discovery
Once a lawsuit has been filed, there is an investigation and discovery phase. During this time, both sides have the opportunity to review any evidence in the case, talk to witnesses to the assault, if there are any, the compensation requested by the victim, and more. The victim should have a lawyer to walk them through this process, as it is never a good idea for them to speak with the opposing party’s legal team without proper representation. The victim’s lawyer will handle as much of this part as possible on their behalf.
Settling the Case
In most cases, the parties will settle on an amount, and the case will not end up going to court. Typically, the lawyers for both sides will go back and forth with settlement offers until an agreement is made. The victim does have a say in whether a settlement is accepted, though their lawyer can provide advice on whether it should be accepted or not. The settlement may include the amount of money needed for any expenses related to the sexual assault, such as medical bills, as well as the funds to cover their attorney and other funds, such as for pain and suffering. If a settlement can’t be reached, the case can be taken to court and decided by a judge.
Why a Lawyer is Needed
A lawyer is not required for a civil case, but it is highly recommended. The victim will want help with potential interviews, negotiating settlements, and more. Their lawyer can also help with making sure everything is filed on time to avoid issues with the statute of limitations or, if it has been some time since the sexual assault occurred, look into exceptions that will allow the victim to still file a lawsuit. The victim will have all of the help they need to navigate the civil lawsuit process.
If you’ve been the victim of a sexual assault, you do have rights and you do have options. Now’s the time to speak with a lawyer about your situation to see what can be done and whether you can get compensation to help cover the costs associated with the assault and your recovery. Schedule a consultation now to learn more about how they can help.
