Sexual Assault

Assault And Sexual Assault Claims

Personal injury claims are often associated with injury causing events caused by the negligence of others like a “slip or fall” at a store or a car collision.  However, injuries caused by the negligence of others aren’t the only type of civil lawsuit you might need to file to recover damages. When someone acts intentionally to harm you, then that type of conduct can be a basis to recover money damages for your injuries.

For example, we often hear about the criminal charge of “Assault and Battery” which is basically the threat or attempt to harm someone (assault) coupled with the actual harmful touching of another (battery).  Well, in addition to a possible criminal charge (which is determined by the government law enforcement agency), there exists a right to file a civil action to recover money damages for harm caused by such an “assault and battery.” In other words, if someone touches you without your permission in such a manner that you are harmed by that contact, then you may be entitled to recover damages from that person.

Filing A Civil Action To Recover Damages

Civil lawsuits focus on money compensation for harm suffered and are initiated by a victim or individual. In civil court, the defendant doesn’t receive jail time for losing a case, but instead has to compensate the victim for damages. On the other hand, criminal cases, held in criminal court, focus on bringing justice to victims through jail or prison sentencing for crimes perpetrated. At Jackel & Phillips, we believe that if you’ve suffered an assault or battery, you deserve a personal injury attorney who can earn you the compensation you deserve.

Victims of sexual assault can actually take action in both a criminal case as well as a civil case using a personal injury lawyer. This ensures that as a victim, you have an opportunity to earn the compensation you deserve in the wake of an attack. If you’ve already won a criminal case against the same party, this can help win your tort case and win you funds to help with your suffering which may include such things as:

• Hospital bills;
• Therapy for PTSD and other mental health care;
• Counseling; and,
• Time spent out of work.

The experienced personal injury attorneys at Jackel & Phillips understand the delicate nature of sexual assault and can work with you to understand the details of your case. When you’ve already suffered a traumatic experience, it can be difficult to focus on the complicated demands of a civil prosecution. A consultation is cost free and commitment free at our Marietta office, located at 707 Whitlock Avenue SW #8 in building H.

Assaults Happen More Often Than You Think

According to the Bureau of Justice Statistics, assault is defined as an “unlawful physical attack or threat of attack.” Aggravated assault refers to an attack using a weapon, and simple assault refers to an attack made without a weapon. Shockingly, according to the National Sexual Violence Research Center (NSVRC), one in five women will experience sexual assault at some point throughout their lifetime. Therefore, it’s important to take action fast if you’ve suffered an assault and wish to sue due to personal harm or damaged property. At Jackel & Phillips, we have a documented history of attaining results for our clients.

One way that you could be entitled to monetary compensation in the event of an assault could be from emotional distress. Especially in terms of sexual assault, emotional distress can be devastating and a strong basis for an award for damages. If you’ve been assaulted and you believe you may have cause for an emotional distress claim, reach out to a personal injury attorney at Jackel & Phillips today. If your emotional distress has been corroborated by a therapist or psychiatrist, this could also be useful in a case against your aggressor. In fact, according to the National Sexual Violence Research Center, 81% of women and 35% of men suffer Post Traumatic Stress Disorder (PTSD) in the wake of sexual assault.

Negligent Supervision Liability

In cases of assault or sexual assault, liability of other parties can also be an important factor. For example, if you were assaulted on a campus or a place of business, you may have a case against that establishment for negligent supervision and/or negligent hiring. Negligent supervision/hiring may apply at the workplace if a manager or owner is aware of a prior sexual harassment/assault or fails to foster a safe work environment for employees. This is because employers are responsible for ensuring that all employees follow company safety rules and procedures.

You could also have a case for negligent supervision liability if you or a loved one was assaulted in an assisted living setting. Doctors, nurses and employers of assisted living facilities are generally responsible for the well being of elderly or disabled patients. Any injuries sustained as the result of assault or battery at work, school or as a patient in a facility could constitute a personal injury claim.

We Can Help!

If you or a loved one (including your child or parent) has suffered assault at the hands of a responsible party, you could have a case for negligent supervision. If you’ve suffered assault, battery or sexual assault firsthand, don’t wait. To learn more about your options with a personal injury assault attorney, schedule a free consultation with Jackel & Phillips Marietta Lawyers today. Call 770-218-8100 for a free case evaluation or submit an email via this page.