Orlando Sexual Assault Attorneys
Personal Injury Attorney Certified as Expert By The Florida Bar Helps Clients With Sexual Abuse Injury Claims
What Is Sexual Abuse?
There are many different forms of sexual assault and abuse, among them:
- Rape or attempted rape
- Unwanted touching or kissing
- Threatening someone into unwanted sexual activity
Sexual Assault - Criminal Cause of Action
Sexual assault is illegal and unconscionable. Most people realize that it is a crime under the law and that it is the State of Florida and/or State Prosecutors who will criminally hold accountable the person who commits sexual assault and, if found guilty, the perpetrator will often go to prison.
Sexual Assault - Civil Cause of Action
However, what people don’t know is that the victim can and should also hold the attacker financially responsible, where possible.
Our personal injury attorneys are often asked the question: Can sexual assault victims receive compensation for their injuries? First Choice Law has been very successful in obtaining compensation for our clients who have been sexually assaulted, including a one-million-dollar recovery from a facility who had a duty to protect a patient from other patients.
Just like any victim who suffers injury, whether from a CAR CRASH, SLIP and FALL, or other injury causing event, sexual assault victims can pursue claims for financial compensation from their attackers. Sometimes, depending on the facts, the victim can even hold their caretakers or, if in a facility, the facility responsible. These claims are filed in civil court, not criminal court. Personal Injury claims for sexual assault can provide compensation which help with economic losses, such as counseling or medications but they can also help in bringing the victim an additional sense of justice.
Lasting Effects of Sexual Assaults
Sexual assaults usually leave victims with multiple physical, emotional and physcologycal injuries. The severity of the injuries varies depending on many factors, including age of the victim, relationship with the assailant, type of attack, number and frequency of the assaults. Each sexual assault survivor heals differently, but the injuries are frequently long lasting and can affect the life of the person profoundly, including their personal and professional life. Victims may need both medical and psychological treatment. Among the many effects sexual abuse victims suffer are trauma, depression, low self-esteem, eating disorders, sleep disorders, posttraumatic stress disorder (PTS) and anxiety.
Which Damages May Be Recovered In A Sexual Abuse / Assault Claim?
If you are a victim of sexual abuse or assault, our Orlando sexual abuse injury attorneys will work tireless to help you obtain fair compensation, including:
- Medical bills (present and future)
- Psychological and psychiatric bills (present and future)
- Pain and suffering (both physical and emotional)
- Lost wages (present and future)
- Loss of life’s enjoyment
- Home caregivers
What To Do If You Are A Victim Of A Sexual Attack
If you or someone you know suffers a sexual attack, you should:
- Ensure you are safe
- Call the police
- Seek medical attention
- Contact our sexual assault attorney
- Reach out for support calling organizations such as National Sexual Assault (RAINN) Hotline
Statute of Limitations For Sexual Assault Injury Claims in Florida: Civil Lawsuits
The statute of limitations (SOL) differs in certain cases depending the age of the victim involved in sexual abuse. This limitation creates deadlines in sexual assault lawsuits in the following ways:
- If the assault occurs to a victim over the age of 18, the SOL is 4 years.
- However, the SOL is 4 years after the victim leaves the dependency of the abuser or 4 years from the time of the discovery of the abuse of both the injury and the causal relationship between the injury and the abuse (whichever date is later between these two options); and
- If the Victim is aged 16 to 18 when the last act of assault occurred, the victim will have 7 years after reaching the age of majority, which is 18 years old in the State of Florida. This means the if assaulted under age 18, the victim has until age 25 to file a lawsuit against the attacker.
- If the victim was a minor child under the age of 16 years old at the time of the assault, there is no statute of limitations.
The second of these SOL descriptions represents what is called the “delayed discovery rule.” Florida enacted this criteria for the statute of limitations specifically for cases that have abusive situations where the victim is unaware of the abuse or because they have repressed memories so that they are able to file lawsuit not based on the date the crime but on their knowledge of the abuse without a specific date. The third of these SOL descriptions is currently (as of the time of this article) being debated by the Florida Legislature, to change for Victims between ages 16-18, to be consistent with eliminating all together the SOL. First Choice Law has been a strong advocate in supporting this legislative change. It is imperative that Victims of sexual abuse contact our personal injury lawyers if they have questions of limitations or their case, so as not to have their rights extinguished. Please contact us, as we are skilled in brining child and adult sexual assault claims in Civil Court.
Remember, often a third party may be liable for injuries caused by sexual abuse. Such defendants have been schools, churches, medical and psychiatric facilities. Sexual assault is a profound injustice to the victim. It is important that you hire an attorney with experience to pursue the maximum amount of financial compensation available. First Choice Law has the experience, the resources and compassion to guide you through this process. Make the right choice, contact us today for a free and confidential discussion of your potential Sexual Abuse claim.
Contact Our Sexual Abuse Attorneys
Sexual assault is a profound injustice to the victim. It is important that you hire an attorney with experience to pursue the maximum amount of financial compensation available. First Choice Law has the experience, the resources and compassion to guide you through this process. Make the right choice, contact us today for a free and confidential discussion of your potential sexual abuse claim. We are available at 321-999-1111 24 hours a day. You may also fill out the online form located at the top of this page or sen us an email at email@example.com and we will contact you shortly.