Victims of Violent Crimes: Filing Civil Lawsuit

Victims of violent crimes often suffer very serious physical injuries. In addition, victims may suffer long-term emotional trauma .A victim of a violent crime such as an assault, battery, sexual assault or similar offense has a right to file a personal injury lawsuit for damages, including punitive damages. Punitive damages are designed to punish a wrongdoer and discourage such future acts by others. Victims of violent crimes face unique challenges in seeking compensation for their injuries. The question of “fault” is rarely at issue in a personal injury lawsuit that involves some sort of violent criminal attack. Yet there are issues that can make it difficult for victims to obtain compensation for crime-related injuries.

The most difficult issue a victim faces is finding a party who is able to pay the judgment. In most cases, the perpetrator of the crime will not have the stability or resources to pay a judgment even if it is obtained. Often, the perpetrator is incarcerated and has no significant earning capacity in the near future. An experienced personal injury attorney who handles cases involving violent crimes will typically look for other parties that bear some responsibility for the victim’s injuries.

These parties may include:

• A security company which had the job of guarding the victim, and was supposed to prevent such attacks
• A commercial property owner which owned the property where the victim was attacked, and did not provide adequate security
• A government entity, such as an agency, that owned the property where the victim was attacked, and did not properly secure the premises
• A working professional required by law to disclose threats, such as a psychologist, therapist, or teacher. With this category, the working professional must have had a specific threat disclosed to them, and have failed to disclose that threat.

Some perpetrators have personal insurance. Most insurance policies exclude intentional criminal acts from coverage. It is imperative that an experienced personal injury lawyer carefully evaluate the specific facts and circumstances of your situation. They are the professionals who can determine whether parties beyond the perpetrator may bear some responsibility for your injuries. It is estimated that 11% of all traumatic brain injuries are a result of an assault.

Criminal offenses involving sexual assaults by teachers and religious leaders have been prevalent in the news. Sexual offenses have very long-term psychological impacts. Consider a few statistics regarding the impact of sexual assaults:

• A victim of a sexual assault is 400% more likely to suffer from suicidal thoughts.
• Sexual assault victims have a 300% greater probability of struggling with depression.
• Victims of sex crimes are 26 times more likely to abuse drugs.

Much of the damage of a sexual assault is psychological. A victim of a sexual attack should go to counseling for a long period. In such cases, determining the amount of damages to cover such expenses requires expert testimony from mental health professionals. The attorneys for the perpetrator will often question the amount of damages and request a victim’s mental health history. They will want to see if there is evidence that the victim had psychological conditions before the assault. If you are a victim of a violent crime, especially a sexual assault, an experienced personal injury attorney will be able to advise you the best way to proceed.