Damages in Long Island Sexual Assault Cases
Sexual abuse cases are not like a car accident or other personal injury events in which someone might go to a hospital, get medical treatment, and be unable to work for a number of weeks. Sexual abuse does not always result in physical injury. Due to the differences between these types of cases and other personal injury claims, determining the damages could be made much easier with a seasoned sexual assault attorney.
A Long Island lawyer is here to help you recover fair compensation for the damages in your sexual assault case. They explain what damage recovery is available to you and ensure your interests are properly represented throughout your entire claim.
Differences Between the Damages in a Sexual Abuse Case and Other Personal Injury Suits in Long Island
Often, medical care in a sexual abuse case refers to managing the emotional distress or PTSD from the event, usually in the form of psychological and psychiatric treatment for victims. This kind of emotional care still falls under the category of medical treatment when evaluating damages for a claim. Sexual abuse cases are not subject to fewer damages than any other type of personal injury, but the types of treatment a victim could receive and the benefits they could recover are different and will have particular costs associated with them.
Since a plaintiff in a Long Island sexual abuse case may not have any physical injury, rehabilitation and physical therapy benefits are not always necessary. Other kinds of therapy will need to be looked at when determining compensation for damages. The victim also may not have missed any work after the incident, so there may be no lost wages to make up. If there is no property damage either, there may not be any economic damages to be recovered at all.
On the other hand, some people may need to stay home from work after a sexual abuse incident because the posttraumatic stress they are experiencing makes it hard to concentrate on their responsibilities. Sexual abuse case damages tend to vary highly person to person, which is why a legal representative willing to listen to your needs could help you recover more compensation. A Long Island attorney is familiar with demanding the correct damages package in their plaintiff’s sexual assault case.
Available Damages Once Liability Has Been Established
Sexual assault cases could follow two tracks, civil and criminal. Assuming the assailant can be identified, a criminal case could be pursued to seek justice. For further personal damages, however, a civil claim could be filed for recovery. The damages available for recovery, once liability has been established, could include economic, noneconomic, and punitive awards in a sexual abuse case.
Economic damages would cover any medical treatment, psychological therapy costs, or time off of work if the victim needs it. Noneconomic would refer more to losses due to pain and suffering or emotional distress, which is usually where the bigger payouts come from in these types of cases. Punitive damages are awarded to the plaintiff in light of truly wanton, reckless, or malicious behavior to discourage others from committing this type of crime.
Damages may overlap with a concurrent criminal case, but it is not always easy to collect compensation from the assailant. It is more likely in these cases to collect payments from another party if that is applicable.
Representing a Sexual Abuse Victim
A sexual abuse victim often has many people helping them when it comes to establishing liability and recovering damages. If the victim is a young person, they are likely to be assisted by their parents. Adults who have been sexually abused or assaulted typically go directly to finding a lawyer.
Sexual assault victims should consider seeking assistance from legal counsel. Often, it is people who are either disabled or young that need assistance in pursuing their rights, but every plaintiff could benefit from the help of a knowledgeable legal professional when evaluating their damages.
Contact a Long Island Sexual Abuse Attorney to Help Determine the Available Damages in Your Case
Most people do not understand that they have the civil right to seek damages in addition to their right to pursue criminal action. Anyone has the possibility of a legal claim for compensation from either the assailant or another entity, such as a third party who did not report the accident. Schedule a consultation with a Long Island lawyer to hold liable parties accountable and evaluate damages in your sexual assault case.