While you may feel alone after being sexually assaulted, you do not need to feel this way. In some instances, you may have the right to bring a civil claim for financial compensation if your attack was the result of negligent security. A Staten Island sexual assault lawyer can offer compassionate support during this challenging time as well as help you fight for damages for your physical and emotional pain and suffering, medical bills, and lost wages.
At Dansker & Aspromonte Associates, we have been representing sexual assault survivors in New York City since 1988. We can help you seek justice in the form of monetary compensation for each and every type of damage you sustained and may sustain in the future. To learn more, call (212) 732-2929.
Take These Actions Immediately After an Assault
If you or someone you know was sexually assaulted, taking these actions if you able may help bring the assailant to justice and help build a strong claim for financial compensation against another party for negligent security:
- Call the police as soon as possible
- Insist that a police report is completed
- Cooperate with all criminal investigations
- Obtain medical attention to document your injuries and obtain treatment
- Follow up with all medical providers and therapists
- Take photographs of all visible injuries
- Do not post on social media about your attack or injuries
- Consult an experienced personal injury lawyer
Evidence that Could Support Your Case
To secure financial recovery on your behalf, your lawyer will need to show that your assault was caused by negligent security. In order to build a strong claim, we will need to gather evidence of negligence before it is lost. The sooner you consult a lawyer the better.
Some evidence that your lawyer can use to build your case includes:
The Police Report and Criminal Investigation Records
If you were sexually assaulted a police report and investigation is a strong source of evidence that may help us prove that negligent security contributed to your attack. Many assaults are the result of negligence of another party besides the attacker so the information in a police investigation may contain valuable information. In a typical police report, the police officers may have recorded the date and time of the assault, the name of the perpetrator, and other vital pieces of information, such as an inspection of security doors or other conditions which may have made the premises negligently unsafe.
A criminal investigation of the assailant or prosecution may also provide valuable information regarding how the attacker was able to commit his or her crime. In some instances, a careful investigation may reveal how the perpetrator was able to enter the premises, bypass security devices such as windows or doors, or thwart security surveillance. Your lawyer will obtain all criminal investigation reports in order to build a claim against a premises owner or other responsible party.
Obtaining hospital and medical treatment following your attack may be difficult for you but showing the full nature of your injuries is important to provide the evidence necessary to support your claim for damages. Also, medical professionals can provide you with support services and advice to assist you. Your lawyer will carefully gather all of your hospital, medical, therapy, and other records to build a strong claim for damages.
Statements from Witnesses
If you were assaulted in a public place, like a bar or nightclub, then multiple parties may have witnessed the event. Your lawyer can determine the identities of these individuals and take statements from them. They can shed light on the circumstances of your attack.
Photographs of Your Injuries
Signs of physical injuries may fade over time. After your attack, photographs of your visible injuries may be powerful evidence of the physical trauma you suffered. If available, we will use these photographs to help us demand maximum compensation.
Proof of Prior Oral or Written Complaints
Your lawyer will also perform a careful investigation to determine if there had been any prior complaints regarding negligent security, prior attacks, or prior malfunction of security devices such as unlocked or broken doors. Such evidence, if it exists, can also strengthen a claim of negligence.
Expert Inspection of the Premises
A careful inspection of the premises as soon after your attack as possible may also provide helpful information about negligent security. Your lawyer can retain the services of an expert in the field of premises security to perform this inspection and examine all of the conditions which existed at the time of the attack.
There are other pieces of information that your lawyer can use to build your case including neighborhood crime statistics, sworn testimony from the parties, and many other things depending upon the unique facts of your claim. When you hire an experienced and dedicated team of lawyers to fight for you, they will carefully investigate the facts and circumstances of your attack, locate and preserve evidence, file all claims in a timely manner, and build a strong claim for maximum compensation so that you can focus on your own recovery.
Examples of Negligent Security Practices
Every claim for damages due to negligent security will rest on proving negligence. Some examples of negligent security practices that could serve as the basis of your case include:
- Broken doors, locks, or windows
- The lack of security personnel at a bar or nightclub
- The lack of barriers around the perimeter, like gates or fences
- Non-functioning security cameras, electronic card readers, or alarms
- Prior history of assaults that were not addressed by the property owner or others
Every case is unique, however. Based upon the facts and circumstances of your case, there may be other examples of negligent security not covered here.
We Offer Contingency-Fee Based Representation
If we agree to accept your case, you will not be required to pay us any money upfront. We advance all expenses of the case throughout our legal services and only get paid a legal fee when we recover compensation for you.
Don’t Delay in Consulting a Lawyer
Every claim for personal injuries has a deadline known as the statute of limitations. Cases involving sexual assaults due to negligent security are no exception. If you were the victim of sexual assault, you may want to delay seeking legal representation because of the emotional or physical pain you are experiencing.
Don’t delay, however. Failing to bring your claim by the deadline may result in your being prevented from recovering the compensation you deserve.
A Lawyer will Fight for the Best Possible Outcome to Your Case
The Staten Island sexual assault on a premises lawyers at Dansker & Aspromonte Associates are ready to get started on your case today. We can evaluate your circumstances and protect your rights. To learn more, call Dansker & Aspromonte Associates today at (212) 732-2929.