Florida sexual assault lawsuit

Types of Damages in Florida Sexual Assault Lawsuit Settlement

October 2, 2023 | by David J. Halberg, Esq.

Often when Palm Beach sexual abuse lawyers talk about sexual assault cases in the legal system, people automatically think we’re discussing a criminal matter. It’s true that sexual assault and battery are criminal acts, and the criminal justice system metes out punishment to those proven guilty beyond a reasonable doubt. However, that’s not the only path to justice. Civil litigation is a means for the survivor to take the reigns and recover financial damages – from the perpetrator themselves as well as third parties whose negligence made the attack(s) possible in a civil Florida sexual assault lawsuit settlement or trial.

Three basic types of compensation one can pursue in a Florida civil case:

Economic
Non-economic
Punitive

Both economic and non-economic damages are classified together as “compensatory damages.” The intention is to compensate the plaintiff/sexual assault survivor for specific losses. Economic damages are for those things with a clearly identifiable price tag – medical bills, lost wages, etc. Non-economic damages are for things that don’t have a precise dollar figure – pain and suffering, emotional distress, loss of life enjoyment, loss of consortium/companionship, etc.

Punitive damages, on the other hand, are intended to punish the defendant. As noted in F.S. 768.72, punitive damages are still paid to the victim, but judges will only allow plaintiffs to pursue such damages in cases where the defendant engaged in intentional misconduct or gross negligence. This standard may be met in Florida sexual assault lawsuits filed directly against the perpetrator, but it’s a tougher case to make for third-party defendants – and that’s who most of these cases are against. That’s because insurance generally doesn’t provide coverage for crimes/intentional misconduct the way they do for negligence. So suing the attacker directly means you’re going after their personal assets – an endeavor that can be fruitless unless the defendant is personally wealthy.

What is the Average Florida Sexual Assault Lawsuit Settlement Amount?

Many civil sexual assault lawsuits in Florida are resolved through private negotiations between the plaintiff(s) and defendant(s). Because those payout amounts aren’t usually made public, there’s no easy way to provide an average for settlement amounts. They can range anywhere from thousands of dollars to tens of millions. Some of the bigger cases involving multiple plaintiffs and large organization defendants have even resulted in settlements in the hundreds of millions.

Jury verdicts favoring the plaintiff tend to be a bit higher than settlement amounts (which is part of the incentive for defendants to settle). A few examples over the years: Continue reading

Florida Sex Assault Lawsuit Accuses Adults of Not Protecting Minor at Alcohol-Fueled Party

August 2, 2023 | by David J. Halberg, Esq.

The chairman of a pro golf tour and his wife have been named as defendants in a Florida sexual assault lawsuit filed on behalf of a teen girl who alleges she was sexually assaulted twice at their home during an alcohol-fueled teen party. The high school student, a friend of the chairman’s stepdaughter, reportedly attended the outdoor pool party in September 2021 at their Palm Beach Gardens mansion, where she says alcohol was being freely served to minors. Florida sexual assault lawsuit underage party

At one point, according to her lawsuit, the girl says she was sexually assaulted by two individuals (identified only by their initials in the filing), who were also both underage. The assaults reportedly took place on a grassy area near the pool. At the time, she was allegedly unable to even stand on her own due to intoxication.

The girl and her parents accuse the homeowners of negligence and contributing to the delinquency of a minor. They allege the hosts breached their duty of care by not safeguarding or preventing injury to her health and wellbeing – including the abusive conduct of other minor invitees that was at least partially the direct result of having alcohol unlawfully served to them.

Suing for Florida Sex Assault Using Social Host Liability Law

Top 5 Florida Sexual Assault Lawsuit Challenges

February 20, 2023 | by David J. Halberg, Esq.

If you’re filing a Florida sexual assault lawsuit in civil court, there are a number of potential legal hurdles about which you should be aware. West Palm Beach sexual assault lawyer

Before diving into the details, we want to make it clear that the point here isn’t to discourage anyone considering a sex abuse lawsuit. Rather, our goal is to empower. As West Palm Beach attorneys for sexual abuse survivors, we’re fully cognizant of the fact that our clients have already been through so much. Part of our job is to make sure that those clients – and potential clients – have all they need to make informed choices about how best to proceed when it comes to a sexual assault civil lawsuit. That includes carefully explaining some of the legal snags that can stymie a case.

Why File a Florida Sexual Assault Lawsuit in Civil Court?

More than half of women and nearly 1 in 3 men experience sexual violence involving physical contact at some point in their lifetime. Not all incidents are “violent,” but no less damaging for that. (Sometimes it’s even more traumatic when a victim is made to believe they are somehow complicit or responsible.)

Accountability in these cases is often elusive in criminal courts. Even if the alleged abuser or attacker is prosecuted and convicted, the ability of the criminal justice system to compensate survivors is limited. Criminal cases may include an offer of restitution. However, unlike in a civil case, the purpose with this financial compensation isn’t solely to compensate the victim. It’s also intended to serve the rehabilitative goals that the criminal justice system has for defendants – and this doesn’t always align with what’s in the best interests of the victim.

But whatever happens on that end of things, there may be grounds to pursue liability in a civil case – typically from third parties.

Though usually not a direct legal action against the perpetrator, third-party sex abuse cases can be an effective way for victims to obtain:

Validation and accountability from third parties that had a responsibility to do more to keep you safe or warn you of the danger.
Financial compensation for the very real and very significant impact this has had on your life.
A safer future for those in similar scenarios. When third-parties are compelled to pay for failing to protect against the risk of sexual assault when they had a responsibility to do so, they – and others – will take greater care to do better. Defendants in these cases are often property owners, school administrators, sports teams, and employers. People deserve to be safe in these spaces, and successful third-party liability sexual abuse lawsuits can help achieve that.

It’s true that the probability of winning – and actually collecting a financial judgment – is central to the question of whether pursuing a civil sex abuse case is a prudent choice. But it’s not the only consideration. Our attorneys can help walk you through your objectives, concerns, and strategies to overcome common legal issues.

What Obstacles May Stand in the Way of Justice?

Claims of Negligent Hiring in Florida Sexual Assault Lawsuits

April 13, 2021 | by David J. Halberg, Esq.

As West Palm Beach sexual assault lawyers can explain, many civil sexual abuse cases are filed against employers because predators too often gain access to victims while acting in their professional capacity. Claims of negligent hiring stem from Florida courts’ recognition that employers can be held liable for their employees’ willful negligence or even criminal misconduct (including sexual assault) if the employer knew or should have known prior to hiring that the worker posed a possible threat to the public. West Palm Beach sexual assault attorneys

When a company fails to properly vet its employees, this can be a breach of the duty of reasonable care owed to customers, clients, visitors, patients, students, etc. Thorough background checks may be especially important when the job is one of significant trust or involves serving vulnerable populations. Examples may include (but aren’t limited to):

Teachers
Police officers
Medical professionals
Nursing home staff
Hotel staffers
School sports organizations

A claim of negligent hiring asserts employer liability for failure to exercise due diligence in hiring someone, who in turn goes on to injure someone in the course of their employment. This sort of claim isn’t limited to sexual assault cases. For example, a trucking company that fails to check truckers’ past driving records could be fairly accused of negligent hiring if a driver with a spotty driving history later causes a serious crash.

Related torts include negligent retention (employer was negligent in continuing to employ the person) and negligent supervision (employer failed to adequately supervise employee). For each, plaintiffs must prove that the employer’s lapse proximately caused the plaintiff’s injury. Negligent security is another possibly related tort. Negligent security is when abuse or assault occurs on the premises of a property owner/manager that failed to provide an adequate level of security. Continue reading

Filing a Florida Sexual Assault Lawsuit Against a Former Boss or Employer

July 15, 2020 | by David J. Halberg, Esq.

Workplace sexual assault, rape, exploitation and harassment are unfortunately too common in South Florida. These can include physical attacks, constant unwelcome sexual advances and requests for sexual favors (quid pro quo). South Florida sexual assault attorney

As West Palm Beach sexual abuse lawyers, we work with sex crime survivors to determine legal remedies in the civil sphere. That means pursuing civil litigation against the abuser personally, but also the people, institutions, businesses and organizations that had a duty to protect the victim – and failed.

These claims are separate from the criminal proceedings, though they may occur simultaneously and sometimes have an impact on each other. Continue reading