Why You May Be Able To Sue Another Liable Party For Your Sexual Assault
Unfortunately, sexual assault is common in our society. According to statistics on sexual violence in the U.S., 1 in 5 women will be sexually assaulted at some point in their lives.
Many sexual assault survivors do not realize that they may be entitled to financial compensation for their medical expenses, pain and suffering, and other losses through a civil lawsuit.
If you are considering filing a lawsuit against the offender, consult with a Manchester sexual assault attorney to determine if you can sue another liable party to recover damages.
You Can File a Civil Lawsuit Against Your Offender for Sexual Assault
If you have been sexually assaulted and the offender was caught, they may l be prosecuted by the state or federal government for the criminal offense. If the offender is then found guilty, they may be sentenced to jail, ordered to pay hefty fines, and face other penalties.
In addition to the criminal penalties, the offender may also be held responsible for their actions in a civil lawsuit filed by the sexual assault survivor and their attorney.
The burden of proof is much lower in civil cases than in criminal cases, which may be useful for victims whose attackers were never charged criminally or who were found “not guilty” in criminal court.
The Offender May Not Have Sufficient Financial Resources
However, even if your civil lawsuit against the perpetrator is successful, obtaining compensation may be tricky if the offender does not have significant personal assets to pay for your physical and emotional damages.
If the offender is ordered to pay restitution to the victim, their personal assets may be the only available source of compensation, even if the offender is insured. Most insurance policies do not cover losses and damages arising from intentional acts, including sexual assault.
For this reason, you should consult with an attorney to determine if you can file a lawsuit against another liable party.
You May Be Able to File a Civil Lawsuit Against Another Liable Party
While a sexual assault survivor can sue the offender, it may be more effective to file a lawsuit against another liable party. In many cases, sexual assaults occur as a result of a third party’s negligence or carelessness.
In fact, recovering damages from the person who sexually assaulted you may not be possible because perpetrators usually do not have sufficient financial resources to compensate the survivor for physical and/or emotional damages.
However, you may be able to file a lawsuit against another liable party to get compensated for the damages you have suffered because of sexual assault.
What Other Liable Parties Can You Sue for Sexual Assault?
Other liable parties can be sued when they should have prevented the sexual assault, but failed to do so. Depending on the specific facts of your sexual assault case, you may be able to sue the owner or occupier of the property where the attack occurred if they failed to provide adequate security measures.
You may also be able to file a lawsuit against the perpetrator’s employer for negligent hiring or negligent supervision. Discuss your particular case with a knowledgeable attorney to identify all potentially liable parties in your sexual assault case.
Get a case review by contacting our attorneys at the Law Office of Manning Zimmerman & Oliveira PLLC. Call 800-984-3151 to schedule a consultation.