When we hear about sexual assault, we usually think of the criminal aspect—there are, however, also civil claims that a victim may be able to raise against those responsible for the crime. For instance, the victim may be able to bring personal injury claims against those responsible for injuries suffered as a result of the assault committed against him or her. Depending on the facts involved with the case, those responsible (in other words, the defendants) may be the assailant(s), an employer or even another third party that was somehow involved in the assault.
When bringing forth this particular sort of personal injury case, the plaintiff (injured party or loved one bringing the lawsuit on the injured party’s behalf) must be able to prove these elements to the court:
Commonly, if a defendant intentionally caused the victim’s injuries, he or she will be the party held responsible for those injuries. In other cases, the attacker’s employer or still another party may be held responsible due to negligence on their part. If the victim’s injuries were in fact the result of negligence, then the plaintiff must also prove these elements to the court:
If you or someone you know has suffered injuries due to a sexual assault, it is vital that you contact a personal injury attorney in your area as soon as possible. A skilled and experienced attorney will be able to explain your legal rights and options, as well as help you to assess the best course of action for your individual situation.
Compensation for Injuries Due to a Sexual Assault
In the case of a personal injury case, the court may choose to award damages to the victim, or plaintiff, for his or her injuries. Based on the severity and scope of the victim’s injuries as well as an assessment of the defendant’s responsibility for those injuries, a judge or jury will determine the amount of damages rewarded.
Any damages will be monetary, and are meant to help compensate the victim for expenses acquired as a direct result of his or her injuries. These costs, taken into consideration by the judge or jury, may be physical or emotional—examples may include pain and suffering, medical bills, future health care costs, loss of wages, loss of future earning capacity, loss of enjoyment or quality of life, loss of consortium (by the victim’s spouse) or any number of other expenses specific to individual cases. The judge or jury will also consider the amount of costs the victim has incurred and the permanence or severity of the damages that the victim has suffered when determining the amount of compensation awarded to a victim.
Consult with an Attorney
To find out what types of compensation your jurisdiction offers and what legal options are available to you, your best course of action is to seek out and consult with a personal injury attorney in your area.
ghout Central Minnesota, including St. Cloud, Brainerd, and Alexandria, and Stearns, Sherburne, Wright, Morrison, and Benton counties.