The average settlement for a premises liability sexual assault case varies widely, however, they typically range from $500,000 to several million dollars. Factors that influence this settlement amount include the extent of the victims’ physical and emotional injuries and the level of negligence by the property owner. When you call The Law Place for a free consultation we can advise you on how much your case could be worth based on the specifics of your case.
We understand how difficult it is to take those first steps and are here to tell you that your case matters to us. We will stand at your side and support you so that you don’t have to go through this alone. We promise to offer you honest, professional advice on whether we think there is potential for achieving a claim.
With over seventy-five years of experience in lawsuits, including sexual abuse or rape cases, our lawyers can offer you a free consultation at a time that suits your schedule best. This will allow us to discuss with you whether you could be entitled to any personal injury claims or compensation as a result of the sexual assault incident and allow us to gather all the information we need in order to begin building your case. Contact us now for free at (941) 444-4444.
A woman walks through a poorly lit tunnel.
What Damages Can You Seek in a Sexual Abuse Case?
If you were a victim of a sexual assault or a rape, then the chances are you have suffered extreme trauma or potential injury which has affected your ability to work, or left you with financial difficulty. If this is the case, then it is best if you seek legal representation which can help you receive compensation for your financial losses, it’s the least we can do. Some examples of types of compensation that our law team may be able to settle for you are:
- Medical Expenses – If you were are a victim who has been sexually abused then you may have suffered injury from forced entry or have had to get yourself checked over at a hospital following the incident. If this is the case you have been with a long list of medical bills such as ambulance fees, x-ray bills, physical therapy, etc., which you should not have to pay for all alone. You have already been through enough to have to worry about financial difficulty on top of this. Our personal injury lawyers are here to help reimburse you for a fair settlement for any costs you have been left with.
- Emotional Trauma – Sexual assaults are incredibly traumatic and victims are left to deal with emotional distress that effects their life in proufound ways – it is improtant that this is compensated for.
- Lost Wages – If you have suffered an assault then you might have spent time in hospital recovering from your injuries or time at home due to distress or PTSD. If this is the case then you have likely spent a substantial amount of time off work and therefore have missed out on your usual income as result. If this is the case then you may be struggling to make ends meet, pay rent, or afford child support at this time.
With a free consultation, you can help us to understand the case at hand in more detail. Our lawyers will work tirelessly day and night to gather all the fine comb details of your case, as even the tiniest details of the incident can be of huge advantage to your case and be the difference between you receiving compensation and justice or not at all.
Premises Liability Claims
If you were injured on someone else’s property due to unsafe conditions then you may be able to pursue damages in a premises liability case. Property owners owe you a duty of care to maintain a safe environment. For example, if you were the victim of a sexual assault due to negligent security then this could be grounds for a premises liability claim.
In order to successfully claim compensation, your attorney will look to establish the four elements of negligence, they are:
- Duty of Care – The property owner must have owed the victim a duty of care. Property owners owe all visitors to their property a duty of care. However, the extent of this duty varies depending on the legal status of the visitor.
- Breach of Duty – This duty must have been breached. For example, perhaps the property owner failed to do background checks on staff or tenants.
- Causation – The action or in-action of the property owner must have caused the vicitmns injuries – meaning that the incident would not have happened if the property owner had not behaved negligently.
- Damages – The victim must have suffered damages, such as medical expenses, and emotional distress as a result of the incident.
Duty of Care in Premises Liability
When you enter someone else’s property, they owe you a duty of care. However, the degree to which this applies depends on your legal status as a visitor. In premises liability law, visitors are classified into three categories:
- Invitees – Invities enter a property because of the owner’s business such as in a store or restaurant. Property owners owe the highest duty of care to invitees.
- Licensees – Licensees are those who enter a property for their own purposes with the owner’s permission such as visiting friends or family. The duty of care owed to licensees is lower than that owed to invitees. However, property owners still owe licensees a duty of care.
- Trespassers – Trespassers enter a property without permission and are also owed a duty of care. However, the level owed is lowest for trespassers.
We’re here to serve you. Our phones are open 24 hours a day. Examples of Negligence That Could Lead to Sexual Assault Claims
When property owners act fail to maintain a safe environment, they can be held liable for a sexual assault that occurs as a result. Some examples of when this may apply include:
- Inadequate Lighting – Low lighting in stairways, parking lots, hallways, and other areas can contribute to the risk of assaults. Property owners should ensure that such areas are well-lit to ensure good visibility and deter potential attackers.
- Lack of Surveillance – The absence of security cameras, or broken cameras can also contribute to the likelihood of assaults.
- Insufficient Security Personnel – Failure to provide adequate security can create an unsafe environment. Depending on the nature of the property, security may be crucial to keep people safe.
- Faulty Locks and Security Systems – Insufficient or broken locks on windows and doors could make it easy for perpetrators to access a property. Property owners must ensure that their premises are secure to prevent unauthorized personnel from gaining access.
- Neglecting Known Risks – If the property owner is aware that previous assaults or other worrying incidents have taken place but has failed to take action to prevent it from happening again, then they may be found liable.
- Poorly Maintained Premises – Poorly maintained properties can attract criminal behavior such as debris or overgrown landscapes that provide hiding spots.
- Failure to Screen Employees or Tenants – Failure to carry out proper background checks on employees or tenants can lead to dangerous people being present in a property.
- Lack of Emergency Protocols – Failing to establish and communicate clear emergency protocols can leave victims vulnerable during an incident.
These are just a few examples of ways in which a property owner’s negligence could have contributed to criminal behavior on their property. If you are unsure as to whether you could have a claim, do not hesitate to contact us for a free consultation.
We’re Florida’s top litigation team with over 75 years of combined experience Common Injuries
Assaults of a sexual nature are very traumatic for victims. In addition to severe emotional trauma, in some situations, survivors are also left dealing with physical injuries or life-long illnesses.
Injuries that can result from such assaults include:
- Abrasions or lacerations.
- Sexually-transmitted infections.
- Unwanted pregnancies.
- Post-traumatic stress disorder (PTSD).
- Injuries from the force used to carry out the assault.
- Injuries from restraints used.
- Depression and/or anxiety.
All you have to do is pick up the phone and allow our law team to take care of all the complicated paperwork and legal processes that you are not expected to be familiar with. We are here to help guide you through your case.
From the initial call to updates on your case status, we are here to get you answers. Sexual Abuse Statistics
According to the statistics of the Florida Council Against Sexual Violence (FCASV), over 1.2 million or 17% of women in Florida have been the victims of rape, whereas 3.1 million or 41.8% of women are victims of sexual abuse or battery. Furthermore, 79.6% of women in Florida who were a victim of rape were at least 25 years of age when the rape incident occurred, while 42.2% were under the age of 18.
Overall, shocking statistics show that 1 in 6 American women will be the victim of an attempted or completed rape during their lifetime. This means that, on average in America, a person is sexually assaulted once every 73 seconds. Additionally, 9 out of every ten rapes happen to women.
With such an alarming number of rape and sexual assault victims throughout the state, you are not alone. Our legal assistance team is here to offer you free consultation at a time that suits you best to discuss with you the sexual assault incident at hand and ensure you are given professional legal advice on the case.
What Is the Average Settlement for Premises Liability Sexual Assault Case? FAQ
How long do premises liability sexual assault cases take to settle?
Premises liability claims can take anywhere from a few months to several years to settle. It depends on factors such as the severity of the victim’s injuries, how clear liability is, and whether the negligent party is willing to negotiate.
Can I file a premises liability claim for sexual harassment?
Yes, you may still be able to file for a premises liability claim for unwanted sexual advances even if there were no physical injuries. Emotional harm could be grounds for a claim if the property owner’s negligence contributed to the incident. The best way to find out weather you may have a claim is to contact The Law Place for a free consultation.
What is the difference between compensatory and punitive damages?
Compensatory damages are designed to reimburse personal injury victims for their losses including economic damages such as medical expenses, and noneconomic damages such as emotional distress. On the other hand, punitive damages are designed to punish the negligent party and are reserved for cases where the liable party’s actions were particularly erroneous. Punitive damages can only be awarded by a Judge in cases that go to trial and are therefore not awarded in many cases.
How can The Law Place help me with my sexual assault lawsuit?
When you have representation from The Law Place, we will handle the entire legal process so you can focus on your recovery. From gathering evidence to negotiating with the insurance company, we will be by your side every step of the way.
Will I have to go to court?
The majority of premises liability cases do not go to court. This is because it takes time and money to take a case to court and so it is usually in both party’s best interests to avoid it. However, if your case does go to court your attorney at The Law Place will be prepared to represent you.
What is the difference between criminal charges and a civil case?
If you have suffered a sexual assault, you may be able to pursue both a criminal and civil case. A criminal case would aim to punish the perpetrator for their crimes and could result in jail time. A premises liability case on the other hand is a civil case and its goal is to compensate you for your losses. The negligent property owner would not face any criminal charges in a civil case. Civil cases also have a lower burden of proof and are independent from any criminal charges – meaning it is not necessary to have successfully brought criminal charges against someone in order to pursue civil damages.
Contact The Law Place Today
We understand how difficult it can be to discuss your experiences if you have been a victim of sexual assault, rape, or sexual battery. You might feel completely alone, ashamed, or suffering from post-traumatic stress disorder at this time. The Law Place is here to remind you that you don’t have to go through this difficult time on your own. There is support and help out there for you.
With over seventy-five years of combined experience in a range of criminal defense and personal injury cases, including sexual assault, our attorneys here at our law firm are highly capable of helping you to receive the justice you deserve. Our attorneys pride themselves on building up an excellent attorney-client relationship with all of our clients and look to build up high levels of trust with them.
Reach out to The Law Place today and schedule a free consultation. We are here to give you professional legal guidance on whether we think you could seek compensation. Contact us now at (941) 444-4444. Our phone lines are open 24 hours a day, seven days a week.
