We can help collect damages in your sexual assault claim. Preszler Law has been serving injured victims for 50 years. We stand up for your rights and fight for the restitution you deserve when you’ve been harmed.
There are numerous types of damages for which we can seek compensation on a sexual assault claim, including medical bills; pain and suffering, and emotional disorders that develop as a result, e.g., post-traumatic stress disorder; the way in which the attack has impacted your daily life, relationships, and sense of security; counselling and therapy; and loss of income.
1. Medical Bills
Any medical attention you sought, whether because of related injuries or because of new prescriptions, are eligible claim components. It often requires showing evidence of past prescription receipts and medical appointments, and it can include a forecast of future medical payments. This ensures full coverage is awarded to you.
2. Pain and Suffering
The emotional aftermath of dealing with a sexual assault is hard to quantify. The legal system recognizes this important category and the feelings of degradation, humiliation, and intrusiveness that may have occurred. This kind of damage is non-pecuniary. Non-pecuniary damages are awarded to provide comfort to the person suffering from an immeasurable loss.
It’s difficult to calculate a precise dollar amount for an experience. The court will look at different factors, such as the extent of the breach and abuse that caused you to experience emotional hardship and the extreme loss of enjoyment of life. It’ll also include additional elements, such as the relationship itself, the number of assaults, and the degree of fear.
3. Counselling and Therapy
It’s standard practice to speak to a therapist or other registered professional after an assault. These are important life-rebuilding sessions, but they can be costly and they weren’t previously planned expenses. These expenses are eligible damages.
Unlike pain and suffering, assessing these psychological costs can be determined in a quantifiable amount—it’s the cost of each session. Like income loss, it isn’t limited to past appointments; it can be applied to future sessions in order to remunerate you for unforeseen expenses you’re now responsible for.
4. Income Loss
The stress and trauma experienced likely required taking time off work, causing you to lose money over a situation you had no control over. The emotional damage this event caused may have hindered your ability to perform your regular duties or an opportunity to climb the professional ladder if it didn’t damage your ability to work at all.
To show income loss, you’ll need to provide your pay history, including monetary amounts, such as pay stubs and records of previous earnings, as well as showmanship, such as employee reviews and previous work recognition.
Again, you can also claim the loss of future wages, which is usually determined by calculating how much you would have earned over a certain period of your working career had the assault never happened.
Punitive damages are awarded to express condemnation for misconduct, when particularly obscene behaviour occurred. These aren’t damages payable to you, but they are noteworthy. While it’s rare that they’re awarded, they aren’t completely unheard of. These are costs the other side has to pay because of their actions.
Punitive damages are often thought of as punishment damages because they’re awarded specifically as a result of bad behaviour. The amount to be determined will consider the background of the assailant and how large of a sum is necessary in order to clearly show this person the harmful consequences of their actions.
As a party to a sexual assault claim, you have options along with the help of a sexual assault lawyer. The civil justice system is a tool at your disposal to seek compensation for your claim, acting as restoration to return you to the place you were before.