Question

What is my sexual assault case worth in California?

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Conal Doyle - Personal Injury - General - Super Lawyers

Answered by: Conal Doyle

Located in Beverly Hills, CADoyle Law

Beverly Hills, CA
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In California, there is no limit on the amount of compensation you can recover against an at-fault party for a sexual assault. However, every situation is treated differently.

The value of a case and the amount a survivor can recover always rests upon the parties involved, and the facts and circumstances surrounding the incident.

A Hotel Guest

Think of an example involving a hotel guest who was sexual assaulted on its premises.

If the company or its representatives knew of the perpetrator’s dangerous propensities yet still allowed them on the property or failed to take appropriate security action to prevent them from entering the property, the company could be held liable.

As such, the victim is likely to recover significant compensation from the hotel chain.

An Attack On A Public Sidewalk

Alternatively, think of an example involving an attack on a woman walking down a public sidewalk at night. The attack involved a suspected homeless person and did not occur on a private property.

Such an example is likely to yield a different outcome. The victim will probably not recover much money if anything in a civil lawsuit.

A Case-By-Case Analysis

Both of the above scenarios couldn’t be more different. That is why all parties involved always evaluate a sexual assault situation on a case-by-case basis, looking at factors such as the following.

  • The defendant and whether they had a duty of care to protect the victim from harm on the premises
  • The foreseeability of the perpetrator’s conduct
  • The age of the victim
  • The severity of the attack and whether the assault involved mere touching, verbal confrontations or physical penetration

Psychological Impact

Many victims can recover compensation in a civil lawsuit for medical expenses associated with the incident, like doctor visits, surgical procedures, hospital stays, and prescription medication.

However, survivors often require psychological treatment long after the incident occurred, which can be very expensive. Many may need extensive ongoing therapy to cope with the effects the incident has on aspects of their personal lives.

Getting An Advocate

Those who have suffered from sexual assault are encouraged to speak with an attorney.

A skilled legal counsel — one who has experience going toe-to-toe against high-profile establishments like prominent apartment complexes, large hotel chains, restaurant franchises, as well as aggressive insurance companies — can discuss the case in greater detail, talk about legal recourse options, the process involved with filing a civil suit, and more.

Although no one can change what occurred, a lawyer can truly help victims recover financial compensation and alleviate monetary obligations, so they can focus on the recovery process and the road ahead.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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