When you are a survivor, you deserve advocacy and support. At H&P Law, our Henderson personal injury lawyers work with survivors to obtain answers and financial compensation for what they have endured.
Contact our Henderson sexual assault lawyer to learn more about your rights. We provide free consultations and honest insight into your legal options. We have over 60 years of combined experience.
Determining Fault in a Sexual Assault Case
Sexual assault is a criminal offense. While the person committing the crime is primarily responsible, there are situations in which third parties may also be liable. Your lawyer works closely with you to determine if this applies in your case.
If so, you may be able to seek legal action against that party. Examples of parties that could be negligent in a sexual assault case include:
- Schools and school districts
- Churches and other religious organizations
- Nonprofit organizations
- Youth organizations and associations
- Businesses
- Hospitals and medical facilities
- Cities and government organizations
In a personal injury case, we must demonstrate that these parties owed you a duty of care and failed in that duty in some way. In doing so, they created the situation where you suffered serious injury and losses. At H&P Law, expect us to find the legal evidence to support these claims to the fullest extent allowed under the law.
Going After the Perpetrator
In some situations, it is possible and beneficial to pursue legal action against the perpetrator. That may include seeking a lawsuit after a criminal conviction to hold the party accountable for their actions. Keep in mind that this is a civil action, not a criminal matter. The two are very different and must happen separately.
When a Third Party Is Responsible for Your Sexual Assault
To seek a personal injury claim, your lawyer will need to investigate the case thoroughly to determine on what grounds they could be held accountable.
It is necessary to prove negligence by showing that the incident was the direct result of the following four elements:
- Duty of care. Demonstrate that the third party owed you a duty of care. That is a legal obligation to protect you. That might be a hotel, for example, with secure doors, or a school that hires background-checked staff.
- Violation of the duty of care. In some cases, the third party violated that duty of care, such as failing to provide security at a large event or poor lighting in a bar’s parking lot that creates dangerous areas.
- The violation caused the incident. This is where it can be difficult to prove some cases. It becomes necessary to show that the third party knew or should have known there was a risk, and that, because they did not take the necessary steps, the incident occurred.
- You suffered losses. You must demonstrate that you suffered losses. In a sexual assault case, you may need to prove that you were abused as a result of the incident, and medical evidence documents that.
These steps are not simple to prove, and insurance companies for those at fault may work overtime to demonstrate flaws in the reasoning.
Working with a skilled and experienced lawyer provides you with the highest level of protection possible. We use our resources to demonstrate fault and losses to the fullest extent permitted by law.
Evidence to Demonstrate Fault in a Sexual Assault Matter
One of the most important reasons to work with a lawyer is the opportunity to explore additional avenues of potential evidence. Our experience enables us to pursue legal action against anyone at fault.
We will work to identify all parties responsible by looking for evidence applicable to your case, such as:
- Results of a sexual assault forensic examination
- Phone records and text messages
- Social media
- Eyewitness reports
- Personnel files and records
- Security logs
- Area surveillance videos or cameras
- Police reports
- Crime reports for the area
- Prior claims
By researching all aspects of your case, we make it far more challenging for insurance companies to limit your ability to recover damages. We make sure they see that their policyholder was accountable and pay you fairly for the losses you suffered as a result of their actions or inaction.
Damages You May Be Able to Recover
With the guidance of our Henderson sexual assault attorney, you will gain better insight into the legal rights you have to recover damages. Your losses may include both economic and non-economic losses, such as:
- Medical expenses related to the injuries and treatment you received
- Onset of mental health complications, including post-traumatic stress disorder, anxiety, and depression
- Losses related to time missed at work
- Loss of enjoyment of life
- Pain and suffering damages
Our lawyer will work to justify these losses using evidence and similar claims, such as your own. We seek to be aggressive in the pursuit of fair compensation for all losses you have suffered. Be open and honest with us about how this incident is impacting your life, relationships, future, and overall well-being. Let us fight for you.
Nevada does not set time limits for sexual assault survivors to file civil action. Thanks to the support of a survivor of Bill Cosby, whose conviction was overturned due to a due process violation, SB129 was proposed to abolish the statute of limitations for sexual assaults for adults. This bill finally passed and became law in June 2023.
Schedule a Free Consultation with a Sexual Assault Attorney in Henderson Today
With the guidance of our sexual assault lawyer in Henderson, you will gain insight, confidence, and support when you need it the most.
At H&P Law, we bring over 60 years of experience fighting for survivors who have suffered serious losses due to the careless behavior of others. Let us fight for you and your rights to fair compensation. Call us now for a free consultation.
