Pursuing the Legal System's Civil Avenue for Florida Sexual Assault Cases

When it comes to sexual assault, the trauma involved is immense.?It’s impossible to fully recover from the trauma of sexual assault, even if no permanent physical injury remains months or years after the assault was committed. The mental trauma and unbelievable pain and suffering remains at the forefront of the victims’ mind for life. In instances of sexual assault where the victim chooses to come forward about the injustice perpetrated against them, civil avenues of litigation are available. Unfortunately, many personal injury law firms do not have the extensive experience required to handle these sensitive, complex cases justly.

Often, personal injury law firms drop the ball when pursuing damages for victims of sexual assault. It’s important to ensure the personal injury law firm a victim and/or their family chooses has the experience necessary to properly represent them after the trauma of assault. Within this article, Shaked Law Firm’s legal experts will present the necessary steps to take after a victim suffers a sexual assault with or without permanent physical injury.

Shaked Law Firm has the most insight into presenting the facts victims of sexual assault should know when protecting their rights coming to harm at the hand of another during an assault. Whether the assault occurs at random or from someone the survivor knows well, a right to pursue damages and further compensation is available! Florida sexual assault attorneys are there to ensure those rights are upheld.

Within this pursuing Florida sexual assault claim article, we'll answer questions regarding questions of what happens when a victim wants to pursue civil litigation after suffering permanent harm due to a sexual assault.

????Why retain a Florida personal injury attorney after suffering the grave injustice of sexual assault?

????What's right for my me? Should I pursue civil action against the person who caused me harm?

????When does a Florida sexual assault case proceed to court or trial?

????What else should I know about Florida sexual assault cases when pursuing a civil claim?

Why retain a Florida personal injury attorney after suffering the grave injustice of sexual assault?

While it’s important to retain a Miami Personal Injury attorney as quickly as possible after a sexual assault, healing is the most important aspect of any personal injury case. We want you healthy, stable, and feeling better. Litigation can be long and arduous, compounding an already traumatic situation. That's why we do our best to stand by clients during the most difficult time in their life. While some victims may not feel ready to pursue legal action against the person responsible for causing them trauma, it is important to attempt to do so fairly quickly, if possible. A reputable law firm will never question why the survivor of an assault "chose" to wait to pursue litigation. Each case has its own timeframe and every clients' circumstances are different.

When the time comes to pursue justice for an assault, the survivor's family can stand by their side as they navigate through the personal injury process. A Florida Personal Injury attorney with expert level experience can ensure compensation is fair for the catastrophic nature of the trauma, as well as pain and suffering.

What's right for my me? Should I pursue civil action against the person who caused me harm?

While sexual assault reported to law enforcement will be pursued through the criminal court system, personal injury law acts on the crime in a civil manner. This means that while law enforcement pursues the perpetrator of the sexual assault to ensure he or she is sentenced to time behind bars, a personal injury law firm pursues financial damages that go directly to the victim. These damages ensure the victim can receive medical care, trauma therapy, and recoup lost wages from time spent away from work due to the assault and ensuing trauma. The choice to pursue civil litigation after a sexual assault is entirely up to the victim, but top lawyers recommend this avenue for those who feel ready to come forward and seek justice through civil avenues.

When does a Florida sexual assault case proceed to court or trial?

In civil cases of Florida sexual assault, a claim will move to court or trial if compensation offered is not proportional to the enormity of the trauma the assault victim has sustained. These cases are extremely complex depending on who perpetrated the crime (a doctor, or another medical professional would be pursued in a different manner than a person who doesn’t carry what’s known as malpractice insurance, for instance). In every civil case that moves to trial, the court requires burden of proof.

The legal definition of “burden of proof” in civil cases is defined as:

"…the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not. A "preponderance of the evidence" and "beyond a reasonable doubt" are different standards, requiring different amounts of proof.”

These questions, from the surviving family's perspective, would be the basis of the lawsuit. The party with injuries is always responsible for "burden of proof" in Personal Injury cases. An ethical, compassionate lawyer who handles these cases for clients regularly has the most experience. A lawyer with Board Certification is invaluable in workplace wrongful death cases.

Whether the case goes to trial or settles through mediation, retaining legal representation ASAP after an assault can ensure that the most compensation is recovered on behalf of the victim. Victims and their families may need to consult with several lawyers before choosing the right one. It’s all about credibility. Ensuring the lawyer chosen to represent a victim of sexual assault has decades of experience, as well as Board Certification are the top two points to hit when choosing a firm.

What else should I know about Florida sexual assault cases when pursuing a civil claim?

It's important to understand that the Florida Statute of Limitations does apply to cases of sexual assault, with very few exceptions. In Florida, sexual assault victims usually (with few exceptions) have a 4-year timeframe in which they can bring a civil claim against the individual or individuals that caused the assault, or ignored the victim and thus the assault was ongoing. After 4 years, the claim may be time barred. It's important to discuss this privately with the lawyer representing the case, as exceptions to the statute are case-by-case. In cases of ongoing abuse, the laws are slightly different, and the Statute's clock wouldn’t take effect until the last instance of assault occurred.

After suffering the trauma of a sexual assault, it’s important to work compassionately with the survivor to ensure they receive the justice and compensation they deserve. An ethical law firm will never, ever contact victims of assault; this is known as solicitation and it's illegal. Any law firm that contacts victims of assault directly, shows up at the hospital, or sends them an email to offer their legal advice or representation are breaking the law, and it's a red flag to immediately find another firm. When a victim of sexual assault is ready to pursue litigation against the person who caused them permanent mental anguish, they will reach out to a reputable firm and ask for a case evaluation.