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Personal injury, sexual assault in CA, civil liability after conviction, civil suit for damages

Asked over 3 years ago - Salinas, CA

Have been having difficulty finding a lawyer who specializes in civil suits after criminal proceedings in a sexual assault case. The defendant pled guilty to two felony counts of false imprisonment in a last-minute deal with the district attorney and has been ordered to pay restitution to the victim. Of course, the restitution amount nowhere near covers the trauma and significant impact his actions have had on his victim. The d.a. advised her of the rights to civil proceedings. Can someone shed some light on what type of attorney handles this type of case? Are there any resources available for assistance?

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Attorney answers (3)

David Lawrence Ganz

Reputation Level 9

Answered over 3 years ago. Litigation Lawyer in New York, NY.

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The good part is that you have a guilty plea and a conviction, which establishes liability. The issue of course is whatever restitution the court ordered or whatever other damages you can show or prove. The first thing that most lawyers will do is assess the ability of the (now convicted) defendant to pay a civil judgment. Sometimes, homeowner's insurance is involved -- or perhaps the perp has assets. Anyhow, there are skilled attorneys in your state who specialize in personal inury claims (who should be able to obtain a judgment) and attorneys who specialize in collection. Many will do this on a contingent basis where you may only hvae to pay out of pocket fees. Good luck!

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Anthony John Colleluori

Reputation Level 15

Answered over 3 years ago. White Collar Crime Lawyer in Huntington Station, NY.

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In addition to the answer given above you may want to look for attorney's who advertise that the handle victim's rights cases.
The Victim may also want to find out if some of her Psychological costs can be covered by any crime victim's fund that the state may maintain for victims of crime.

Attorney's who concentrate their practices in Personal injury areas such as premises liablility, intentional torts and civil rights/sex harassment cases may be particularly well suited to handle cases like the ones you suggest.

Finally you may want to check out members of the American Association for Justice of the California Trial Lawyers Association.

Good Luck.

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David Carl Beyersdorf

Reputation Level 13

Answered over 3 years ago. Personal Injury Lawyer in Fresno, CA.

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As indicated above and based on the information that you have provided, the victim has a slam dunk case as to liability. The victim, however, will also need to prove damages. In order to best prove damages, it is preferable that the victim have evidence of trauma documented by a medical professional. Remember, in a court setting, only PROVEN damages may be awarded, and the best way to provepsychological harm is through the testimony of someone with a lot of letters after their names. (M.D., PHD, etc.) Assuming the victim can prove damages over and above the restitution from the criminal proceedings, there is still the question of collecting. The victim might want to do an asset search on the prepetrator before filing any lawsuit to know whether or not there is any ability to pay. Good Luck

David C. Beyersdorf
LEE & BEYERSDORF, LLP
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000

WWW.FRESNOLEGAL.NET

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