VICTIM’S RIGHTS LAWYERS
FIGHTING TO RECOVER COMPENSATION FOR SURVIVORS OF VIOLENT CRIMES AND VICTIMS OF CIVIL RIGHTS VIOLATIONS
Many people do not realize that criminal liability is not the only source of justice for survivors of violent crimes and victims of civil rights violations. Survivors and victims often have the right to take civil legal action against perpetrators independent of any criminal prosecution.
Our compassionate team at Potts Law Firm is ready to help you explore your legal options when you have suffered the consequences of heinous, unlawful acts. Our victims’ rights lawyers have recovered over $1 billion for our clients and are prepared to take on cases involving sexual assault, premises liability, dram shop laws, civil rights, human trafficking, and more. Our goal is to get you justice and the money you need to move forward with your life.
If you need help understanding your rights after a violent crime or civil rights violation, schedule a free initial consultation by contacting us online or calling (888) 420-1299. Our firm offers same-day appointments and provides services in English and Spanish.
CAN I FILE A LAWSUIT IF I AM A VICTIM OF A CRIME?
In many cases, you can file a civil lawsuit against the perpetrator of a crime committed against you. These lawsuits are often pursued against violent criminals whose wrongdoing results in calculable and incalculable forms of harm. For example, a sexual assault victim might sue their assailant and seek compensation for medical bills, emotional trauma, pain and suffering, and other losses. Statutes of limitations typically apply, however, and will vary by state. You may be unable to pursue civil legal action if you wait too long, so you should discuss your legal options with our victims’ rights lawyers as soon as you can to avoid missing a deadline.
Additional parties other than the crime’s perpetrator may be liable for damages in some cases. When criminal incidents occur at or near third-party entities, such as hotels, apartment complexes, or restaurants, these venues may be civilly liable for their failure to provide adequate security, follow proper protocols, or perform a duty owed to the victim that would have mitigated or prevented the criminal act. Furthermore, when certain crimes, such as sexual assault, occur in private homes, the homeowner and/or homeowner’s insurance may be liable for these acts. After reviewing your specific circumstances, we can advise who may be liable in your case.
If a violent crime results in death, the victim’s family may be able to file a wrongful death lawsuit against the perpetrator. The deadline for taking civil legal action in these cases is generally tied to the day the victim passed, not the day of the crime.
WHAT IS THE DIFFERENCE BETWEEN CIVIL DAMAGES AND VICTIM RESTITUTION?
The objective of a criminal trial is to establish whether the defendant is guilty and, if so, confer the appropriate punishment. Though they will likely be called to serve as a witness, the victim is otherwise not directly tied to criminal proceedings and does not get to make decisions about how the case is handled. For example, the prosecution will have the final say over whether to accept a plea bargain, even if the victim objects.
If the prosecution does obtain a guilty verdict, the victim will submit bills for their crime-related expenses. The prosecution then presents these amounts to the judge, who will decide how much restitution – or compensation – to award to the victim as part of the defendant’s sentencing.
In a civil case, the victim has control over how the matter proceeds and whether any offered settlement should be accepted. The objective here is to exclusively secure compensation to make the victim (or their family) whole.
Through civil legal action, a violent crime victim can recover damages for:
You should not assume you will get restitution even if criminal charges are filed. A conviction is not guaranteed, and any restitution awarded will not cover pain and suffering or punitive damages. If you need comprehensive compensation to cover out-of-pocket expenses and other losses, you should discuss your options with our experienced victims’ rights lawyers.
WHAT IS THE BURDEN OF PROOF IN A CIVIL CRIME VICTIM CASE?
As mentioned previously, the burden of proof in a civil crime victim case is significantly lower than that of a criminal trial. You must provide clear and convincing evidence that demonstrates the defendant more likely than not committed the crime. You do not have to prove the defendant is guilty beyond a reasonable doubt, which can make winning civil cases easier than establishing guilt in a criminal court.
We typically take civil crime victim cases and civil rights matters on a contingency basis, so you owe us nothing unless we win. Call (888) 420-1299 or contact us online to learn more.
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VICTIM’S RIGHTS ATTORNEY
TESTIMONIALS
DO CIVIL LAWSUITS REQUIRE A CRIMINAL CONVICTION?
A civil lawsuit operates completely independently from any criminal prosecution. Therefore, you do not need a criminal conviction to win a civil lawsuit. In fact, you may be able to sue a perpetrator of a violent crime even if they are not formally charged.
You may be able to prevail in a civil lawsuit even if the defendant is acquitted in a criminal court. This outcome is the result of the different standards of proof that apply to criminal and civil cases. In a criminal case, the defendant must be found guilty beyond a reasonable doubt. A civil case only generally requires you to prove the defendant more likely than not committed the violent crime. Thus, criminal prosecutors may not be able to meet the high standard of proof required in a criminal case, but victims’ rights attorneys could have sufficient evidence to persuade a jury that the allegations are more likely to be true than not true.
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TYPES OF CASES WE HANDLE
When you come to our firm for help, we will listen to your story, review the available evidence, and determine whether we can represent you. We can walk you through what taking legal action will look like, any obstacles we expect to encounter, and what types of compensation we may be able to help you recover.
Our team at Potts Law Firm is prepared to assist you with cases involving:
For assistance from our experienced legal team, please contact us online or call (888) 420-1299 today.
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