Personal injury in the case of sexual assault

November 18, 2019
Personal injury in the case of sexual assault

While sexual assault is a criminal issue, there are several elements of a sexual assault case that qualifies for a civil claim. The victim of a sexual assault case has the right to file a compensation claim against the culprit party. However, to prove that there was a personal injury caused to him or her. This requires presentation of a few elements in the court including:

  • An incident appended were the assailant sexually assaulted the injured party.
  • There were damaged caused to the injured party as the result of the sexual assault.
  • The damages include both physical and emotional arms
  • The injuries caused to the victim and the injuries were a result of intentional or negligent actions of the assailant

In case the injuries were intentional the party causing the damages is held responsible for the injuries. Also, when the injuries were caused because of negligence, it is important to prove those elements in the court. Some of the elements that must be shown in the court to prove a case of negligence include:

  • Proving that the victim was supposed to be kept safe by the assailant
  • The legal duty of care was not fulfilled by the assailant
  • Break of legal duties caused physical and emotional stress and injuries to the victim
  • There were actual injuries caused to the victim.

Compensation for injuries in case of sexual assault:

When sexual assault causes personal injuries, the victim can claim compensation which is granted by the court. The amount of damages is determined by the judges which further helps in identifying the amount of compensation to be paid.

The compensation is a monetary help that assists the victim from overcoming the expenses caused due to the sexual assault. This includes any physical injury, medical expenses, loss of pay as well as any expenses required for mental or physical therapies.

Hiring a professional personal injury law firm New Haven:

It is tested to hire an experienced personal injury law firm to take care of your sexual assault case. The best attorney will ensure that your case is prepared in the best manner to ensure that all the facts and figures are presented in front of the court. The representation by an expert can also help you in seeking the best monetary compensation and overcome the sufferings and damages from the sexual assault, partially. Hence personal injury attorney is utmost important.

All people are equal before the law. A good attorney.