Our Highly Skilled Sexual Assault Attorneys Help Survivors Protect Their Rights and Pursue Fair Damages
Sexual assault is a heinous act that can leave survivors with physical injuries and significant emotional trauma. Though seeing the perpetrator face criminal charges may provide some comfort, it doesn't always happen--and even when prosecutors do file charges against a person, they're not always successful in securing a conviction. Fortunately, sexual assault survivors aren't limited to seeking justice in criminal court. If you were sexually assaulted, you could have grounds to file a civil claim to seek compensation for your related injuries and damages, regardless of whether the police pursued your case or the prosecution convicted the assailant.
Civil sexual assault litigation can be complex, complicated, and emotionally challenging, but you don't have to brave it alone. Dortch Lindstrom Livingston Law Group's accomplished civil lawyers provide steadfast representation and compassionate support for every stage of litigation. We leverage decades of experience and targeted legal strategies to obtain the best possible results for sexual assault survivors. While bringing a civil sexual assault lawsuit against your perpetrator can't turn back the clock, it might provide you with the resources you need to build a brighter future. Discover how our caring and capable team can help you during this difficult time.
Understanding Sexual Assault Liability
Perpetrators can face civil and/or criminal liability for sexual assault. Depending on the charge, criminal consequences could include fines, jail, or prison time. However, criminal cases have a high burden of proof, requiring prosecutors to prove the assault "beyond a reasonable doubt," which can be challenging. Civil claims subject alleged assailants to potential financial liability and involve a lower burden of proof. Rather than requiring proof beyond a reasonable doubt, the burden in civil cases is "by the preponderance of the evidence." Plaintiffs and their attorneys must only demonstrate that the claim is more likely true than not. The differing evidentiary standards mean that a defendant could be found not guilty in a criminal case but liable in a civil lawsuit.
Exploring Potential Damages
Plaintiffs in civil sexual assault cases could be entitled to compensation for wide-ranging monetary and non-monetary losses, such as:
- Assault-related medical expenses, including the estimated cost of future care
- Lost wages and reduced or lost earning capacity
- Out-of-pocket costs
- Physical pain and suffering
- Mental anguish
- Anxiety, depression, and/or post-traumatic stress disorder (PTSD)
- Loss of consortium
Punitive damages may also be available for sexual assault victims. Also known as “exemplary damages,” the court orders defendants to pay punitive damages for particularly egregious conduct. The defendant pays these damages in addition to compensation for the plaintiff's losses.
Meeting Vital Deadlines
Coming forward can be challenging for sexual assault survivors. Unfortunately, the law only allows you to bring a lawsuit against your assailant for a limited time. The deadline for filing a claim, known as the statute of limitations, varies by state. For example, the Texas statute of limitations for personal injury sexual assault cases is five years. When the five years end, so does your ability to file a civil lawsuit for sexual assault.