Personal injury cases arise when there has been an accident caused by a party’s negligence. The key word being “accidental.” Contrast these to abuse cases like battery, sexual assault, molestation, or other criminal conduct, where the injury is caused by an intentional criminal act. Even when the perpetrator of the criminal conduct is punished by the criminal justice system, the victim is left with physical, emotional, and financial damages. Fortunately, the victims have legal paths they can pursue to recover compensation for their injuries. An experienced crime and abuse attorney will be able to walk you through your options.
I’m a Victim of Abuse, Can I Get Monetary Justice?
Here are several civil legal actions available to those who have been victims of intentional criminal acts.
Personal Injury Lawsuits
One of the primary civil actions available to victims is filing a personal injury lawsuit against the perpetrator. Personal injury claims seek compensation for damages resulting from the intentional criminal act, such as medical expenses, lost wages, pain and suffering, and emotional distress. The burden of proof is on the victim to demonstrate that the defendant’s intentional actions directly caused their injuries.
Wrongful Death Claims
In cases where the intentional criminal act results in the death of the victim, surviving family members may pursue a wrongful death claim. This civil action allows the family to seek compensation for funeral expenses, loss of financial support, and the emotional toll of losing a loved one.
Civil Assault and Battery Lawsuits
Victims of assault or battery can file civil lawsuits specifically for these offenses. Assault involves the intentional threat of harm, while battery involves the intentional physical contact causing harm. While criminal charges may be pursued by the state, a civil case allows the victim to seek damages directly from the assailant.
Negligent Security Claims
In some cases, victims may have a valid claim against a property owner or business for inadequate security measures that contributed to the criminal act. Negligent security claims assert that the property owner failed to provide reasonable security measures, increasing the risk of criminal activity on their premises. An example would be the owner of a mall or business in a high crime area who doesn’t provide adequate security to protect their customers.
Lawsuits Against Churches, Nursing Homes and School Districts
It’s a sad fact that physical mistreatment including sexual abuse is often committed by those who have been entrusted with the care of vulnerable populations. When that trust has been violated, the perpetrator can be held liable for civil damages. In addition, the church, school district, or nursing home can be found liable when it fails to implement appropriate precautions to prevent such abuse or to respond effectively and promptly to reports of abuse by its employees.
Emotional Distress Claims
Victims who suffer severe emotional distress as a result of intentional criminal acts may pursue claims specifically for emotional distress. This type of claim recognizes the psychological impact of the criminal act and seeks compensation for the mental anguish experienced by the victim.
Call a Crime and Abuse Attorney for a Consultation
A crime victim’s ordeal doesn’t end when the offender goes to jail. Not in the least. They need financial compensation to pay for their medical recovery, financial losses, and possible counseling and therapy. These resources are necessary to reclaim their life. Contact the experienced crime and abuse attorneys at Stein and Shulman, LLC for a free consultation.
