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Sexual Assault and Personal Injury Laws

According to a survey done by the US Department of Justice’s National Crime Victimization (NCVS), an average of 293,066 people (aged 12 and above) in the country are victims of rape and sexual assault each year. This means that one sexual assault occurs every 107 seconds. Nearly 6 out of 10 sexual assault/rape incidents are reported by victims to have occurred at a friend, relative, or neighbor’s home or in their own home. Additionally, a National Victim Center study reports that 1.3 women aged 18 and over, are forcibly raped every minute in the United States. This means that there are 78 rapes every hour, 1,871 every day, or 683,000 annually. According to the US Department of Justice, an estimated 91% of rape and sexual assault victims are female and 9% are male. What is even worse is that many of these rapists are treated kindly by soft judges and given light sentences.

Personal Injury Claim in a Sexual Assault Case

When people hear or read news about sexual assault, it is usually the criminal aspect that they think about. However, victims can also raise civil claims against those responsible for the crime. For example, the victim may be able to bring personal injury claims against the culprit or culprits for injuries that they suffered due to the crimes committed against them. Depending on the facts that are involved with the case, the defendants (responsible party) may be the assailant or assailants, an employer or even another third party that somehow has an involvement in the assault. When this particular type of personal injury case is brought forth, there are elements that the plaintiff (injured party or relative/friend suing on the injured party’s behalf) must be able to prove to the court, such as:

  • The assailant sexually assaulted the injured party
  • The injured party suffered damages caused directly by the assault (the damages may be physical or emotional)
  • The victim’s injuries were directly caused by the defendant either through intent or negligence

The First Course of Action

After being sexually assaulted, ensuring your safety is the most important thing to do. You need to find a place that is safe. Then contact a trusted friend or family member or a sexual assault hotline. From a legal perspective, it is important to make sure that you retain the clothes you were wearing during the assault, and refrain from cleaning or treating your wounds. Although it may be counterintuitive, you can lose crucial evidence if you inadvertently dispose of evidence. This does not mean that you should not seek medical help. You need to get medical treatment as soon as possible. This way, you avoid any possible complications to your health and also, it ensures the official documentation of your wounds and any other physical evidence by a medical professional. This documentation plays a critical role in the effective prosecution of your case by a personal injury lawyer.

Compensation for Injuries caused by a Sexual Assault 

In the case of a personal injury case for sexual assault, the victim, or plaintiff, may be awarded damages by the court for injuries caused directly by the assault. Based on the scope and severity of the plaintiff’s injuries as well as an evaluation of the defendant’s responsibility for those injuries, the amount of damages awarded by will be determined by a judge or jury. If you have been sexually assaulted and want to bring a personal injury claim against the assailant, you should seek the help of one of the experienced personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We know this arena. We know how to win cases. Our track record is not perfect but close to it. We have won millions of dollars for past clients, you can be on this glorious list. Just give us a call!

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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