When Should You File a Sexual Assault Personal Injury Lawsuit?
November 15th, 2023
After a sexual assault, the first avenue that most of us think of for getting justice is the criminal justice system. However, there are certain shortcomings to this process. First, you may not be able to prove in criminal court that what you suffered was assault. Second, even if your abuser or attacker is convicted, that doesn’t mean you’ll get any financial assistance for the difficulties you face.
If you suffered a sexual assault in Austin and are now suffering negative emotional and financial consequences, a personal injury lawsuit may be able to offer you financial relief. A sexual assault personal injury lawyer in Austin can help you determine what you’re owed and how to get it.
What Counts as Sexual Assault in Texas Civil Court?
In Texas criminal court, in order to hold someone accountable for sexual assault, you will need to prove that their actions fell into the legally defined category of sexual assault in the state.
Civil court works a little differently.
Rather than proving that what you endured was sexual assault under the law, you only need to prove what harm was done to you, by whom, and with what intent. This is because the burden of proof is lower in civil court. Even if your attacker was let off in criminal court, you may still be able to hold them liable in civil court for the harm they’ve done.
How Long Do I Have to File a Lawsuit for Sexual Assault?
Different types of harm have different limits on how long you have to file a suit in civil court. For most personal injury cases, you will have two years from the point the harm was committed to file a lawsuit for relief. However, it’s important to note that exceptions may be made in special circumstances.
If you’ve held back from filing due to personal and emotional difficulties, the court may agree to hear your case even if it’s been longer than two years. You should talk to a personal injury attorney with experience handling sexual assault cases to learn whether or not it’s too late to file a claim.
Filing a Lawsuit for Sexual Assault With Help From an Austin Personal Injury Attorney
A sexual assault can impact every aspect of your life, from your ability to make and keep friends to your ability to do your job. By filing a personal injury lawsuit for sexual assault, you can fight for financial compensation for the suffering and expenses you’ve faced as a result of your attacker’s wrongdoing.
If you’ve suffered a sexual assault in Austin, you don’t have to face the process of seeking financial recovery on your own. With help from an Austin personal injury attorney with experience in sexual assault cases, you can defend your rights to compensation. Get help from the compassionate, trustworthy sexual assault attorneys at Ramos James Law, PLLC.