New York Sexual Assault
Being the victim of sexual assault is one of the worst things that anyone can experience. Oftentimes victims are left not only with physical injuries, but also with emotional trauma. It can take years to recover from the emotional trauma. Some victims never do. Holding the assailant accountable for their actions through a civil lawsuit is one way to not only punish them, but to also help the victim with the process of healing. If you were sexually assaulted, you deserve justice. Contact an experienced trauma-informed New York sexual assault lawyer at Stephen Bilkis & Associates. With over 20 years of experience successfully representing injured victims and victims of sexual violence, we can help you pursue compensation for the abuse you suffered.
CompensationWhether the act was rape, sodomy, forcible touching, display of genitalia, or any other sex offense, victims of sexual abuse suffer emotionally. Many victims also suffer physical injuries. Through a personal injury lawsuit, victims can demand compensation as follows:
- Medical bills. Victims of sexual assault often suffer physical injuries. Injuries may include bruises, bites, broken bones, injuries to genitalia, head injuries, and sexually transmitted diseases. Victims can demand compensation that would cover the medical bills associated with treatment for the physical and psychological injuries.
- Lost wages. As a result of the sexual attack, many victims miss work while they recover from their injuries. Victims can demand compensation for lost wages. Lost wages refers to not only missed paychecks, but also to lost benefits. For example, if you had to use sick days or vacation days while recovering from the assault, you can demand compensation for the value of those days. If the victim suffered permanent injuries that impact their ability to work, then they can demand compensation for loss of future earning capacity.
- Pain and suffering. Pain and suffering compensation is award to address both physical and emotional suffering. Physical pain and suffering is evidenced by medical records that show the type of treatment was necessary, including surgery, pain medication, or physical therapy. Emotional suffering is evidenced by medical records or other testimony that shows depression, anxiety, fear, or emotional detachment.
- Punitive damages. Punitive damages are awarded in cases where the court finds the actions of the defendant are exceptionally heinous. In sexual assault cases, it’s not surprising that courts often award plaintiffs significant punitive damages.
The specific amount of compensation varies from cases to case and depends on a variety of factors. To learn more about the compensation to which you might be entitled, discuss your case with an experienced New York sexual assault lawyer.
Defendants in a Civil ActionThe obvious defendant in a civil lawsuit is the person or persons who sexually assaulted the victim. Note that even if the assailant was never charged or prosecuted criminally, you can still file a civil lawsuit as the standards are different.
In addition to suing the assailant, victims can also sue others who helped the perpetrator. For example, if the victim was sexually assaulted in the workplace, in a correctional facility, or by a doctor or dentist, there many have been others who bear some responsibility. For example, if co-workers or supervisors knew or should have known that the assailant was a sexual predator but failed to do anything about it, or if others helped cover up the attacker’s sexual assaults, then they should also be named as defendants based on a theory of negligence. Managers are not allowed to ignore workplace sexual abuse. If they do, they can be held liable. To discuss who should be held liable in your case, contact an experienced sexual assault attorney in New York.
Stephen Bilkis & Associates Can HelpIf you were sexually assaulted, you deserve justice. We can help. Contact an experienced sexual assault attorney serving New York at Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent victims in the Manhattan, Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County, Long Island, and Westchester County.