Monthly Archives: November 2016

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Suing Someone for Sexual Assault

There are no two victims of sexual assault with the same experience, just as there is no “typical victim” in these crimes. Anyone can be targeted for rape or sexual assault. Victims include men, women and children of all ages. Survivors of these crimes suffer long-term physical, mental and emotional trauma that affects their lives and those of their families.

To a rape victim, recovery may seem impossible at first. It takes work for these victims to return to some normalcy in daily life and they need support from various areas in order to do so. For many, empowerment is gained in the Arizona criminal courts through the state’s tough stance on these types of crimes. For others, Arizona’s civil courts provide a means of empowerment by allowing the victim to initiate their own legal case against their criminal perpetrator.

Civil Accountability for Sexual Assault or Rape

It may seem impossible to fully financially compensate for the emotional, mental and physical pain of sexual assault or rape. But it is possible to gain a sense of vindication and closure for trauma through Arizona civil courts. At the same time, you can be financially compensated for the injuries you suffered and other damages, to help you regain footing in your life. Attorneys with experience in representation of sexual assault victims are able to help these victims hold criminals accountable for their actions.

There are statutes of limitations that apply to civil cases after sexual assault, rape or other crimes. This is why contacting an attorney becomes urgent after a sexual assault has occurred. You are limited in how much time you have to file a claim against your offender.

When you decide to talk to the personal injury lawyers of Cantor Crane, you will receive a free, no-obligation consultation regarding your case. This private, confidential consultation will allow you to talk with us about your needs, just as we are able to inform you of steps we can take to provide the closure and compensation that you deserve.

Who can be held accountable in civil court, for a sexual assault or rape?

Beyond the obvious offender, you may be able to hold other parties accountable for your sexual assault, as well. Some examples of others who may also be responsible include property owners who may have inadvertently provided a place for your crime to occur. By not ensuring adequate lighting or security on their property, they are not meeting their obligation of reasonable care on their premises.

When you speak with the sex assault lawyers of Cantor Crane, you will be able to gain some understanding of how a claim for monetary compensation can be pursued. But due to statutes of limitations, it is critical that you request a consultation as soon as possible.

Why file a civil case for sexual assault or rape?

Victims of sexual assault suffer injuries that are even difficult to overcome after a long period of time. By pursuing a civil case, these victims can gain power and a voice that the criminal case does not provide. It also allows victims to gain some compensation for the alterations made to the course of their lives due to these heinous crimes.

One issue experienced by most sexual assault victims is post-traumatic stress disorder (PTSD). PTSD is a major problem and brings depression, anxiety, and even the possibility of suicide under an umbrella of many disorder symptoms. The suffering that PTSD causes makes it even more important for victims to reach out to a sex crimes attorney as soon as possible. By developing and filing a civil case, the victim can start using resulting empowerment and strength to overcome the aftereffects of their sexual assault.

Sexual assault victims are:

  • 26 times more likely to abuse drugs
  • 13 times more likely to abuse alcohol
  • Six times more likely to suffer PTSD
  • Four times more likely to commit suicide
  • Three times more likely to have depression

Civil cases provide compensation for all of the things that a victim of sexual assault experiences as losses and injuries. While a civil case cannot erase all of the damage of rape or sexual assault, it can provide financial means to recover, in addition to the much-needed closure gained from having a voice against the offender in court.

Compensation for the following losses and injuries can be gained through a well-formed civil claim:

  • Physical injuries
  • Post-traumatic stress disorder and associated symptoms, including crippling triggers
  • Insomnia, nightmares and other sleep disorders
  • Fear and anxiety in public places or social settings
  • Attention deficit disorder or inability to concentrate on school or work
  • Lost motivation in work and personal life
  • Termination from employment or school expulsion
  • Substance abuse or addiction
  • Withdrawing from previously enjoyed activities
  • Significant expenses – medical, psychological, relocation
  • Intimacy difficulties, sexual and emotional
  • Problems in relationships or becoming close to others
  • Sexually transmitted viruses or other diseases

Use Civil Laws to Rebuild Your Life after Sexual Assault or Rape

Experienced representation by an attorney willing to fight for your rights is an important part of your healing from sexual assault or rape. Although you have suffered damages that may never heal, you can use civil courts as they were intended, to be heard and stand up against your offender. Through a civil claim, you can gain compensation through a settlement designed to help you recover and start fresh.

How Much Can I Recover in My Motorcycle Accident Injury Settlement?

Motorcycle accidents can have catastrophic results, when it comes to the lives of everyone involved. These accidents often result in very serious injuries, damages and even fatalities. Most motorcycle crashes involving other vehicles result in the motorcyclist needing immediate medical treatment. Many crashes cause the rider to need long-term follow up care or rehabilitation for injuries sustained in the accident. Of course, there are also other damages, including property damage, lost income due to missed work and rehabilitation costs.

If you have been injured in a motorcycle accident that was not your fault, you need the help and guidance of an experienced motorcycle accident attorney phoenix. A motorcycle accident lawyer can help you receive the settlement you deserve for injuries and other damages as a result of your accident.

Overall Costs of Motorcycle Accident Damages in the U.S.

According to the Highway Loss Data Institute, the highest overall motorcycle accident property damage losses in 2014 were experienced by super sport motorcycle riders. These motorcycles sustain more damage at greater expense than nine other classes of motorcycles.

In an index of property damage losses all motorcycles are indexed at 100, whereas super sport motorcycles receive an index of damage at 345. This means that damages sustained by super sport motorcycles and paid by insurance companies are 3.45 times greater than other types of motorcycles. Super sport motorcycle owners also file insurance claims with greater frequency than owners of other types of motorcycles.

The U.S. Government Accounting Office (GAO) reported that motorcycle crashes occurring in 2010 cost about $16 billion. These costs included:

  • Emergency services on the accident scene
  • Medical costs
  • Rehabilitation
  • Property damage
  • Loss of income
  • Loss of household productivity
  • Insurance costs
  • Defense attorney costs for the at-fault driver

Of the above costs to accident victims and negligent drivers, lost income and market productivity accounted for the largest percentage of overall accident costs. Lost wages and market productivity were 44 percent of total crash expense. Medical costs rated at 18 percent of the overall accident financial toll.

Personal Financial Toll of Motorcycle Accidents

Damages associated with your motorcycle accident will usually depend on the types of losses you experienced due to your crash. You will likely be able to claim several types of compensation as being owed to you by the at-fault driver, including some or all of the following:

Medical Costs

As an injured victim in a motorcycle accident, you were probably provided with emergency medical treatment at the scene of the crash. You may have been transported to the hospital by ambulance. Whether you did receive EMT attention or walked into the hospital yourself, you likely have multiple injuries necessitating ongoing medical care. All of these costs, as well as rehabilitation and future costs of your injuries, can be claimed toward settlement compensation.

Lost Income

When you were injured in your motorcycle accident, you may have missed some work for recovery from the crash. You may have also missed work to attend medical appointments for injury care and other accident related requirements. If you are seriously injured, you may miss work for the long term. These hours, days or weeks of lost work and financial impact of those losses can be included in your claim.

Property Damage

Your motorcycle is likely damaged after your accident. You probably face expensive repair or replacement costs. These costs will be part of your settlement. You may also need an alternate form of transportation while your motorcycle is being fixed or as you await replacement. These auto rental costs can also be included in your compensation, in most circumstances.

Pain and Suffering

Although pain and suffering costs may be included in your settlement amount, these expenses can be difficult to calculate. Factors in this amount include the types of injuries you sustained in your crash, the nature of treatments required and how extensive the medical treatment is for recovery. Insurance companies often challenge pain and suffering amounts claimed by injured victims of accidents. So you will need to provide documentation of injuries and expenses for your pain and suffering to be considered in the settlement.

You Need an Experienced Motorcycle Accident Lawyer

After your motorcycle accident, you need a trusted, skilled and experienced motorcycle lawyer to handle your insurance claim. A good personal injury lawyer phoenix will know your state’s laws governing motorcycle accidents and can help you understand your legal rights and how your personal injury claim must be submitted to insurance companies.

The ideal result of a motorcycle accident injury claim is a quick settlement with the defendant’s insurance company. A personal injury lawyer can help facilitate this settlement and negotiate with insurance adjusters to ensure you are compensated as you deserve for your damages.

But if the claim settlement offer is not satisfactory for your damages and personal needs, your personal injury lawyer can take your claim to court for a judgment to be received. If your motorcycle accident attorney has a reputation among insurance adjusters in your state, you stand a better chance of achieving a positive settlement instead of having to go to court. But when court is necessary, a quality attorney will fight for you to gain the amounts you truly deserve.