You deserve justice if you were sexually assaulted in Queens, New York. Regardless of the status of any related criminal proceedings, you may be able to file a civil lawsuit against the at-fault party. Oresky & Associates, PLLC, can help you obtain compensation for your emotional distress, pain and suffering, lost wages, medical bills, and more.
Our Queens sexual assault lawyers have a combined 30+ years of experience practicing law, and our personal injury law firm has collected over $400 million for our clients since we were founded in 1992. We’re ready to put that experience and track record in service of you and your case today.
Sexual assault can be one of the most traumatic experiences imaginable. A guilty verdict in a criminal case could potentially provide some peace of mind knowing the perpetrator will be punished, but that can do little to directly help you and the consequences you are still likely dealing with daily.
Oresky & Associates, PLLC, can help you explore your legal options and possibly file a civil lawsuit seeking compensation for all of your harm and losses. Other parties aside from the person who committed the assault could also be liable, depending on the situation. When you hire our Queens personal injury attorneys to help with your case, we’ll be able to:
Contact our personal injury law firm today in Queens, NY, to learn more or begin establishing an attorney-client relationship.
At the onset, it is important to remember in this context that many, if not most, sexual assaults go unreported. As a result, any statistics regarding sexual assault could be significantly lower than what is actually the case or may only be estimated.
According to data from the Rape, Abuse & Incest National Network (RAINN), an American is sexually assaulted every 68 seconds on average. RAINN also states that 433,648 people in the United States general public over the age of 12 were sexually assaulted yearly, on average, in a recent four-year period.
The New York City Alliance Against Sexual Assault (NYCAASA) has provided statistics on the subject pertaining to NYC specifically. According to NYCAASA research, nearly 50,000 women are the victims of rape alone annually in the city. Rape is only one form of sexual assault, so the actual number of sexual assaults in the city is likely much higher.
Personal injury cases contain so many variables that it is near-impossible to evaluate your case’s worth before speaking with you. This is especially true for sexual assault cases. Assigning a dollar value to things like pain and suffering as well as emotional distress is difficult, and those aspects of the assault could make up most of your claim. That said, it’s worth mentioning the following factors that generally influence the value of most cases:
The cases that involve the most serious injuries that most heavily impact the victim’s day-to-day life tend to be worth the most, but the matter is significantly more complex than that. The best way to find out how much your case might be worth is to schedule a free consultation with one of our Queens sexual assault attorneys.
Sexual assault victims in Queens can aim to collect economic damages as well as non-economic damages for their injuries. Punitive damages might also be available in some cases.
Economic damages reflect the financial consequences of the assault, such as:
Non-economic damages reflect the other types of harm you have suffered that aren’t financial in nature, like:
Punitive damages could also be awarded, hinging on the facts of your case. These damages are meant to “punish” the at-fault party for their conduct rather than compensate you directly (though they still do, ultimately).
Sexual assault is an example of a sex crime, encapsulating a broad range of sexual conduct under New York law. Some of the types of sexual assault cases our attorneys can help with include, but are not limited to, the following:
If you were the victim of a sex crime in Queens, contact our law office for legal advice and assistance.
Sexual assaults can cause severe harm that lasts far after the incident, in addition to the immediate consequences. Our personal injury law firm can help you recover from the following types of injuries, to name a few:
Some of the common long-term consequences of sexual assault that our lawyers can help you get compensation for include:
Our sexual assault lawyers in Queens will thoroughly investigate your case once you hire us. As part of that investigation, our legal team will aim to fully determine all of your injuries and their potential sources of compensation.
Establishing liability for a sexual assault in Queens is much different in the civil context than it is in the criminal context. The prosecution has the burden of proof in every criminal case and must assert every element of the assailant’s guilt “beyond a reasonable doubt.” This is the most strict burden of proof threshold currently in the law.
The injured victim has the burden of proof in the civil context, and the threshold is “by a preponderance of the evidence.” This means you’ll need to show that it is more likely true than not that the at-fault party sexually assaulted you. Even if it is only 51% likely that the person is liable, you can still win the case. This is why it is possible to win your civil case even if the person who assaulted you is acquitted in criminal court.
Depending on your case’s facts, other parties could possibly be held liable for your damages aside from your assailant. New York premises liability law mandates that certain property owners keep their premises in a reasonably safe condition. If they fail to do so, they could be held liable for harm that occurs as a result.
For example, if a nightclub owner fails to provide adequate security for their patrons and an assault occurs, the owner might be held accountable for the incident. This same line of reasoning can apply, in one form or another, to most premises in the state.
Contact our legal team today to learn about who could be liable for your sexual assault-related injuries.
New York State has laws on the books that set deadlines for when lawsuits must be filed within its jurisdiction. The amount of time you will have will depend on the type of party you are looking to sue and under what cause of action.
For example, by default, you have one year from the date of the assault to file a lawsuit against the person who assaulted you. However, if the person is convicted in criminal court, you’ll have up to seven years instead.
New York’s general personal injury statute of limitations applies if you intend to file a premises liability lawsuit. In those cases, you will have three years to file your lawsuit.
Because of the variability involved in these deadlines, it’s best to reach out to our law office if you’re unclear on how much time you have in your situation. We can let you know during your free case review.
You don’t have to endure the aftermath of a sexual assault in Queens on your own. If you hire Oresky & Associates, PLLC, you’ll be able to place your focus where it needs to be: on your health and well-being. In that time, we’ll take care of everything regarding your compensation claim.
Reach out to our Queens sexual assault attorneys today to set up a confidential, completely-free case evaluation.