Sexual assault can be a damaging and traumatic experience, especially when it is committed by a person who abuses a position of authority and trust. If you are struggling in the aftermath of any type of sexual assault, you are likely to have many legal questions concerning how you can prove liability for the incident and what to expect in terms of accountability for the at-fault party. If your case entails a member of the clergy in the Catholic Church, the Mormon Church, or a staff or faculty member at a local school or college, we can help.
The attorneys at Cheney, Galluzzi & Howard have years of experience handling all types of personal injury claims in Arvada, CO including those arising from acts of criminal misconduct. When the police receive a report of any sexual assault, the state is likely to open a criminal case against the defendant. This case will run separate from and parallel to a civil suit from the victim. While the criminal case from the state will seek to punish the defendant for breaking the law, the civil suit from the victim seeks compensation for the damages the defendant inflicted with their actions.
The foundation of any personal injury claim filed is actual harm or measurable losses inflicted on a plaintiff by a defendant’s negligence or intentional misconduct. To succeed with your personal injury claim for sexual assault, you must identify the party who assaulted you and prove the extent of damages you suffered from their actions. Your Arvada sexual assault attorney can be invaluable for helping you gather any evidence needed to firmly prove liability for your experience.
The objective of a personal injury claim is for the plaintiff to recover compensation to repay the losses inflicted by the defendant. Under Colorado law, the plaintiff has the right to seek compensation for any direct financial losses the defendant caused, such as medical expenses and lost income from the inability to work. The defendant is also liable for financially compensating the victim for their pain and suffering, but state law limits how much the plaintiff can receive.
Having an experienced Arvada sexual assault attorney on your side can make every aspect of your case easier to manage and more likely to generate the results you hope to see. Your attorney can also help you understand how the criminal case filed by the state could interact with your civil suit. For example, you will likely be asked to testify as a witness against the defendant, and your attorney can help you prepare for these proceedings.
Ultimately, any sexual assault can be a damaging and traumatic experience for the victim, and a successful civil suit can help them secure compensation for the financial losses they suffered. A criminal case from the state can potentially help prevent others from facing the same harm at the defendant’s hands, and any sexual assault case has the potential to escalate into a very complex series of legal proceedings. When you have Cheney, Galluzzi & Howard as your legal counsel, you will be better prepared to face the challenges ahead, and we will do everything we can to streamline your case proceedings as much as possible.
A: It is possible for a sexual assault case to pertain to unwanted sexual contact with an adult, sexual abuse of a minor, or violations of the age of consent law in the state. The severity of a sexual assault charge in Arvada will typically depend on the age of the victim, whether the defendant caused bodily harm with their actions, and the defendant’s prior criminal history.
A: Whenever an individual suffers sexual assault of any kind, the incident is likely to generate two distinct cases: a criminal case against the defendant filed by the state and a civil case against the defendant filed by the victim. The burden of proof in a criminal case rests with the prosecution, and they must prove that the defendant is guilty beyond a reasonable doubt. In a civil suit, the plaintiff needs to prove that the defendant directly caused the harm.
A: If you intend to pursue a personal injury claim against the party who sexually assaulted you in Arvada, you must do so within the two-year statute of limitations. This time limit begins on the date an injury occurs and applies to most personal injury suits filed in the state. Two years might sound like enough time, but there are various procedural issues you must address before actually filing your case, so it is essential to reach out to legal counsel you can trust as soon as possible to start building your claim.
A: You have the right to seek full accountability for are economic losses you suffered because of the defendant’s actions. These damages may include your medical expenses, future medical treatment costs, lost income, and lost earning power if you are left unable to work due to your experience. You also have the right to claim pain and suffering compensation, but this is limited by state law. Your Arvada sexual assault attorney can provide an estimate of your case’s total potential value.
A: It’s understandable to worry about the potential cost of legal counsel in your impending civil suit. However, this is no cause for alarm when you hire Cheney, Galluzzi & Howard to represent your case. We take personal injury claims on a contingency fee basis, meaning we only collect a fee if and when we win compensation for our client. This fee is a portion of your final case award, ensuring that your legal fees do not overshadow your final compensation. If our team is unable to secure compensation for your claim for any reason, there is no fee at all.
The attorneys at Cheney, Galluzzi & Howard have years of experience handling all types of personal injury claims on behalf of clients in the Arvada area, and we know that you are likely to have many pressing legal questions in the aftermath of a sexual assault. We also know the various legal challenges you might face as you seek compensation for your losses and want to help you approach your case with confidence and peace of mind. Contact us today to schedule a free consultation with an Arvada sexual assault attorney to start working toward your recovery with confidence.