sexual abuse lawsuit

What Kind of Attorney Do I Hire in a Florida Sexual Assault Civil Case?

August 30, 2021 | by David J. Halberg, Esq.

Survivors of sexual abuse and assault have endured more pain and mental anguish than many others experience in a lifetime. Legal accountability for those responsible can be an important part of the healing process. It’s important that if you’re considering pursuing a civil sexual assault case in Florida that you hire an injury attorney who is experienced in handling these types of complex claims. It is a specific area of law that should only be considered in careful consultation with a compassionate injury lawyer who is prepared to offer legal guidance and support throughout the process. Palm Beach sexual assault lawyer

According to the U.S. Centers for Disease Control and Prevention, sexual violence is not only prevalent, it’s preventable. Approximately 1 in 4 girls and 1 in 13 boys suffer sexual abuse before they turn 18.

Many survivors of sexual abuse and assault know that by reporting what happened to law enforcement, they are opening the doors to a criminal case and possible criminal charges. What many don’t know is that they may also have grounds to pursue a personal injury lawsuit in the civil justice system.

It is incumbent on schools, sports organizations, religious groups, nursing homes, property owners, workplaces and other entities to create protective environments that are safe and routinely monitored. Proactive sexual harassment and violence prevention plans are essential. When these entities fail to exercise reasonable care and risks the safety of vulnerable guests, students, residents, or members, they can be held legally responsible in civil court.

Our dedicated South Florida injury lawyers have years of experience successfully pursuing justice and meaningful recovery on behalf of sexual assault survivors. Continue reading

Should I Sue for Florida Sexual Assault? Civil Injury Lawyers Can Advise.

March 3, 2021 | by David J. Halberg, Esq.

Florida has two sets of legal justice systems: Criminal and civil. The sole purpose of the criminal justice system is to punish the offender. Prosecutors represent the government in pursuing charges. In criminal sexual assault cases, the survivor is a witness. In the civil justice system, the survivor is the driving force, with the primary goal of compensation to the victim for physical harm, emotional damages and other adverse impacts. In some cases, survivors can compel third parties (schools, hospitals, sports programs, etc.) to compensate them for any negligence that created an opportunity for the assault to occur. Civil actions can also result in third parties being ordered to to take certain actions to prevent future assaults. Florida sexual assault civil lawyer

As South Florida sexual assault attorneys, we represent survivors as they work their way through the civil justice system. We can also help protect their interests if there is a pending criminal case. We do believe that if someone else’s criminal or negligent actions caused you physical injury, pain and suffering and mental anguish, they should be accountable for it.

We fully recognize that no amount of money is going to erase the awful realities of what happened. But damages can help to offset the cost of things like medical bills, trauma counseling and the wages you have lost while trying to piece your life back together. It’s also a measure of justice for the loss of intangible things, such as your mental health and the damage to your personal relationships.

The decision to move forward with civil litigation is a substantial one, and shouldn’t be made lightly. It’s very important that you review the strength of your claim, the potential emotional impact and the best and worst case outcomes. Continue reading

Overcoming Obstacles to Civil Liability in Florida Sexual Assault Lawsuits

June 20, 2020 | by David J. Halberg, Esq.

An estimated 1 in 6 women in Florida will be victimized by sexual assault at least once in life, while 1 in 5 men will be victimized by some form of sexual violence other than rape. Although survivors can make the decision to report such actions to police, pursuing criminal prosecution is ultimately up to the local state attorney’s office. Even if the prosecutor files charges and secures a conviction, the reality is compensation to the victim in the form of restitution is unlikely to be adequate (if it’s ordered or able to be collected at all). Florida sexual assault lawsuit

But one avenue through which survivors may still obtain justice is civil litigation. As our West Palm Beach civil trial lawyers can explain, the goal of a civil sexual abuse lawsuit isn’t to undo what cannot be undone. Rather, it is to make victims as whole as possible by compensating for physical injuries, disability (time you had to take off work), mental and emotional trauma and even damaged relationships.

And the perpetrator may not be the only one you can hold responsible – even if he or she acted alone. In civil litigation, you’ll want to explore the potential liability of:

The owner/controller of the property where the sexual assault happened.
The offender’s employer.
The school, daycare, sports organization, religious institution, nursing home or hospital that had a duty to protect the victim.
Any security firms contracted to keep people safe.

Civil liability against third parties in sexual abuse lawsuits considers the duty of care the defendant owed to protect the plaintiff (victim) and whether the offense was reasonably foreseeable. Did the employer do enough to vet its workers? Did the sports organization overlook years of misconduct by a coach? Did the hotel fail to make sure it had adequate security staff on site to keep guests safe? These are the kinds of things that can result in a finding of third-party liability in Florida sexual assault lawsuits. Continue reading