Establishing Liability in Carle Place Sexual Assault Cases
If you have recently experienced a sexual assault, you should consider filing a civil claim for damages, in addition to any criminal charges that you may pursue. To have the best chance of establishing liability in your sexual assault claim, you should enlist the help of a Carle Place attorney. A seasoned legal professional has the required knowledge and experience to prove that your assailant or any third party is responsible for the harm you have suffered and allow you to recover the compensation you deserve.
Defining Liability in Sexual Abuse Cases
Liability in sexual assault cases often refers to the negligence of the assailant, the person who is accused of committing an unwanted sexual act against the plaintiff. The person who is found to be at fault for the plaintiff’s sexual abuse will typically be held liable for damages. However, it is important to note that the at-fault party does not necessarily have to be the person who directly inflicted the abuse. A third party could also be liable if the assault can be linked to their practices or errors.
A person who is found liable in a Carle Place sexual assault case is responsible not only for the assault itself, but all of the consequences following that incident. For example, the assault, the medical and psychological treatment of the assault, lost time from work, and lasting pain and suffering can all be compensated by the defendant.
Types of Liable Parties
The person who engaged in the unwanted sexual conduct will be the main liable party in many Carle Place sexual assault cases, but there are several other potential liable parties. The third party is often where the assault took place. For example, if an assault happened at a school, camp, or workplace, those institutions could be held responsible, depending on the specific circumstances.
If it can be proven that the individuals in positions of power at these places let the assault happen because of their own carelessness, they may have to compensate the plaintiff. This kind of negligence is typically established by proving that the institution knew or should have known about the assault, which can be achieved through extensive investigations and testimony from witnesses and the plaintiff.
Premises liability could also be a factor in these cases. For example, if somebody is assaulted while walking through a parking lot that did not have adequate lighting, the property owner could be sued for negligence. A private homeowner could also be held responsible for an assault that happened on their property, depending on the fact pattern of the case.
A Carle Place Attorney Could Help You Establish Liability in Your Sexual Abuse Case
Sexual assault cases are often very complex, and fault can be difficult to prove in court. Establishing negligence can be almost impossible without the guidance of an experienced attorney, which is why you should get in touch with a Carle Place lawyer as soon as you decide to begin your sexual abuse claim. Contact us today to schedule a consultation and learn more about your legal options.