North Carolina Crime Victims Attorney
If you have been the victim of a crime, you want justice in every possible way. You may not know that you could also have the legal right to file a lawsuit. There could be multiple parties responsible for what happened to you. Do not assume any result in your case until you speak with an experienced personal injury attorney. Contact the crime victim attorneys at the Howard Stallings Law Firm to learn whether you have claim to seek financial compensation after you have been victimized.
You Can File a Lawsuit Against the Perpetrator
The person who committed the crime against you can be responsible both criminally and civilly. It does not even matter whether they have been charged in the case. You can file a civil lawsuit for any intentional or unintentional action that has injured you or caused you harm.
Many types of crime involve personal injury claims, regardless of whether the crime affected you physically, mentally or emotionally. You may file a lawsuit for the following criminal actions that have caused you harm:
- Sexual assaults and abuse
- Human trafficking
- Robbery
- Burglary
- Murder of a loved one
- Attempted murder
- Shootings
- Domestic violence
There Is a Different Standard of Proof in a Civil Lawsuit
If you have been the victim of a crime, you do not need to meet the same standard of proof that a prosecutor must to win a conviction. The jury must find guilt “Beyond a Reasonable Doubt” to convict a criminal defendant. In a civil lawsuit, you must prove your case by a “preponderance of the evidence.” This standard is much less than the beyond a reasonable doubt standard. It simply means that the facts of the case support your theory of liability more than it supports the defendant’s version of what happened and who should be held legally accountable.
It is entirely possible that a defendant may be acquitted of a criminal charge, but they may still be liable in a civil lawsuit. Never assume that compensation is beyond your reach because of what is happening in the criminal case.
At the same time, if the defendant is convicted of the crime, it does not automatically mean that they are liable to you in a civil lawsuit. The only way that evidence of their guilt can be admitted into your case is if they plead guilty to a crime.
Lawsuits for Inadequate Security
The attack against you may have happened because someone else had a responsibility to provide security and fail to do so. When you are on the property of another, they assume a duty of care that they owe you. They must take reasonable action to keep you safe. However, the property owner does not have an absolute duty to prevent all attacks under every circumstance.
When the property owner knows or should have known about a potential danger, then they must take reasonable action. For example, if the property is in an area with a higher amount of crime, the property owner must take actions such as controlling access to the property, by putting up a fence or hiring security guards. If the crime against you occurred because there was inadequate security, you may file a claim against the property owner.
Potential Defendants in a Crime Victim Lawsuit
The following parties are potential defendants in a lawsuit filed by crime victims:
- Shopping mall owners
- Universities
- Schools
- Churches
- Hotels
- Public transport agencies
Your crime victim attorney will investigate the circumstances of the attack to help you learn who you may be able to sue.
You May File a Lawsuit Against the Perpetrator’s Employer
In some cases, the criminal or assailant was working at the time they committed the crime against you. For example, you may have been a victim of sexual abuse by a clergy member or an educator. In that case, you may be able to sue the employer under a number of legal theories. First, an employer would be considered vicariously liable for the actions of their employees that occur within the scope of their job duties. Second, you may be able to file a lawsuit for negligent hiring and retention when the employer has failed to check the employee’s background or terminate them when there are signs of trouble.
It is in your interest to identify others who may be accountable to you. The assailant may not have the financial resources to pay your damages. For this reason, it is important for your crime victim attorney would perform an asset check to determine whether a potential defendant may have assets or insurance coverage that you can access once you have won your case. They can also work to determine any other defendants who can be named in your lawsuit.
However, your crime victim attorney would perform an asset check to determine whether a potential defendant may have assets that you can access once you have won your case. They can also work to determine any other defendants who can be named in your lawsuit.
Special Considerations in a Crime Victim Lawsuit
It is very difficult to come forward as the victim of a crime. It is hard enough to testify in a criminal case, knowing that you will be subject to cross-examination, and you would have to relive an extremely traumatic event in your life. You may not want to engage in another legal process that could force you to open wounds that have not yet healed. However, taking a stand could help others avoid the harm that someone caused you, and in many cases you must file a lawsuit if you want to qualify for financial compensation.
Your civil lawsuit attorney should approach your case with sensitivity and compassion, knowing that you are going through an extremely difficult time. The crime victim attorneys at the Howard Stallings Law Firm have been working with personal injury plaintiffs for decades, providing diligent legal service with care and concern. At the same time, we will leave no stone unturned in your fight for justice.
How the Attorneys at Howard Stallings Law Can Help You
When you hire the caring attorneys at the Howard Stallings Law Firm for your case, we can help you in the following ways:
- Investigate what happened to determine who may be sued
- Work with forensic accountants to determine what assets may be reached in a lawsuit
- File a claim or lawsuit on your behalf
- Negotiate a settlement with the defendant or responsible party
- Argue your case in court if you cannot reach a settlement agreement
- Connect you with other resources that you may need to move forward in life after you have been victimized
Contact a North Carolina Crime Victim Attorney Today
When you need a determined legal Advocate on your side, reach out to the civil attorneys at the Howard Stallings Law Firm. Our crime victim lawyers are just a phone call away, and we are ready to go to work for you immediately. To schedule a free initial consultation with one of our attorneys, you can send us a message to our website, or you can call us today at 919-821-7700. You do not need to pay us anything unless you recover money for your injuries..
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