Were you or a family member a victim of sexual assault in Lafayette, LA? Money may be the last thing on your mind during this traumatic time. That said, victims of sexual assault can pursue compensation for the injuries and trauma they have experienced. An experienced sexual assault lawyer at Kenny Habetz Injury Law can help you fight for the full compensation you deserve.
Our founding attorney has over a decade of experience in personal injury law. Over the years, we’ve recovered millions of dollars on behalf of injury victims and their families.
It’s never too early to learn about your legal rights and options. Contact Kenny Habetz Injury Law at (337) 399-9000 today to schedule a free consultation with a Lafayette sexual assault lawyer.
Why Trust Kenny Habetz Injury Law to Handle My Lafayette Sexual Assault Case?
Sexual assault is an incredibly traumatic experience. If you were a victim, you deserve to have a lawyer who’s passionate about helping you get justice in your corner.
At Kenny Habetz Injury Law, our team is led by a dedicated Lafayette personal injury lawyer with years of experience. He has been recognized time and time again for his skilled legal representation. That includes recognition as a National Trial Lawyer Top 100 Trial Lawyer and a place on the Multi-Million Dollar Advocates Forum.
When you hire our top-rated Lafayette personal injury lawyer, you can count on us to:
- Investigate and collect evidence on your behalf
- Identify all parties who can be held legally responsible for your injuries
- Help you understand how much compensation you deserve
- Locate all sources of insurance
- Work with experts when needed to prove aspects of your case
- Negotiate with the insurance companies for a full and fair settlement
- Take your case to trial and fight for your right to compensation in court if necessary
We know this is a difficult time. Let our Lafayette sexual assault attorney take the lead. Call for a free case review today.
Overview of the Legal Grounds for Recovering Compensation After a Sexual Assault in Lafayette, LA
Two primary legal theories can be invoked to recover compensation for the harm caused by sexual assault: intentional torts and premises liability.
Intentional Tort Theories
Sexual assault is a serious criminal offense in Louisiana. It’s also an intentional tort. Criminal laws are concerned with punishing perpetrators of sexual assault for committing crimes. Civil premises liability laws are concerned with helping victims recover financial compensation.
If your attacker is caught, they can be held criminally responsible. They can also be held civilly responsible for the victim’s damages.
The standard of proof in criminal cases is “beyond a reasonable doubt”. In civil cases, you must prove your case by a preponderance of the evidence standard. That means you must prove it was more likely than not true that the defendant attacked you. This is a somewhat lower standard–meaning that it may be possible to hold your attacker responsible in civil court even if they’re never convicted of a crime.
Premises Liability Laws in Louisiana
What happens if your attacker is never caught? What happens if they are caught but don’t have the financial resources to cover your damages?
It may be possible to hold a third party accountable if their negligence somehow allowed the attack to occur. Premises liability laws in Louisiana hold property owners responsible when injuries occur because of dangerous property conditions. All property owners have a duty to keep their property reasonably safe–that includes providing security to prevent reasonably foreseeable criminal activity.
All property owners have legal obligations, including owners of:
- Shopping centers
- Parking garages
- Office buildings
- Colleges and universities
- Rental apartment buildings
- Movie theatres
- Hospitals and nursing homes
- Airports
- Government buildings
Even if you find the right negligent party, you still need evidence of their negligence. Negligent security cases require proof of a few basic elements, including:
- You were legally on the property, so the owner owed you a legal duty of care
- Your attack was reasonably foreseeable
- The property owner breached their duty by failing to provide adequate security
- That lack of proper security measures allowed the sexual assault to occur
- You sustained damages, or physical injuries, mental trauma and/or financial losses as a result
Property owners aren’t automatically liable for the harm caused by criminal activity on their premises. The key is proving that the sexual assault was “reasonably foreseeable”.
An attack may be reasonably foreseeable, for example, if:
- There is a history of criminal attacks in the area
- The business is a type of business where an attack is reasonable to anticipate
If you were a victim, our founding lawyer in Lafayette can help you locate the evidence to prove your case. If the property owner failed to take adequate steps to keep you safe, we’ll do everything we can to hold them accountable. Just give us a call to explore your legal options today.
How Much Money is My Lafayette Sexual Assault Case Worth?
You only get one chance to recover financial compensation after an attack. It’s critical to understand how much your case is worth before agreeing to an insurance settlement. Otherwise, you risk letting the responsible parties off the hook for your losses.
Some key factors that will impact the value of your personal injury case include:
- The nature of the injuries you have suffered
- Your financial costs, including medical treatment costs
- How the injury has impacted your earnings and earning capacity
- How the sexual assault has impacted your mental health
- How the attack has impacted your quality of life and lifestyle
- Expected future impacts and ongoing trauma
Your costs may be more than you initially realize. Insurance companies and at-fault parties won’t simply volunteer to pay everything you deserve. It’s critical to have an experienced attorney in your corner at every stage.
What Types of Damages Are Available to Victims of Sexual Assault in Lafayette?
Damages are a civil court’s remedy for injuries sustained due to a sexual attack.
You can seek compensation for all of your economic damages, including:
- Current and future medical bills
- Rehabilitation
- Nursing care
- Assistance in your home
- Lost wages
- Reduced earning potential
- Mental health counseling
- Property damage
You can also pursue compensation for the more intangible, personal harm you have suffered due to the attack.
These non-economic damages include:
- Pain and suffering
- Emotional distress and mental trauma
- PTSD and fear
- Anxiety
- Depression
- Loss of your ability to enjoy life
- Diminished quality of life
- Physical disfigurement and scarring
- Damage to your personal relationships
Don’t hesitate to reach out for legal assistance if you were attacked in Lafayette. An experienced attorney can handle the legal issues while you focus on healing.
How Much Does It Cost to Hire a Personal Injury Lawyer to Handle a Sexual Assault Lawsuit?
Most personal injury law firms work on a contingency fee basis. When you hire Kenny Habetz Injury Law, you won’t be charged any upfront fees. You’ll only pay attorneys’ fees if–and when–we recover compensation in your case. Once your case is resolved, you’ll pay a percentage of any settlement or verdict that we recover.
Our Lafayette Sexual Assault Attorney Will Fight to Recover Compensation for All of Your Injuries
Sexual assault can lead to a wide range of significant and life-changing physical injuries.
Some examples include:
- Pelvic injuries
- Severe bruising
- Genital injuries
- Sexually transmitted diseases
- Unwanted pregnancy
- Broken bones
- Concussions
- Dislocations
- Shoulder injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Internal bleeding
- Organ damage
- Catastrophic injuries and wrongful death
Sexual assault is also extremely traumatic from a mental standpoint. You also deserve to be compensated for the intense emotional distress and mental trauma you have experienced.
We Handle All Types of Sexual Assault Cases in Lafayette
At Kenny Habetz Injury Law, we’re equipped to handle any type of sexual assault claim, including those involving:
- Rape
- Sodomy
- Unwanted sexual contact
- Date rape
- Domestic violence
- Robberies
- Statutory rape
- Child sexual assault
- Sexual assault at the hands of clergy members
- Sexual assault in college and university settings
If you were a victim, don’t wait to get legal assistance. Anyone who allowed the attack to happen may be responsible for your damages.
How Long Do I Have to File a Lawsuit After a Sexual Assault in Louisiana?
The statute of limitations restricts the amount of time you have to take legal action after suffering an injury. Under Louisiana law, most personal injury victims have only two years to file a lawsuit. After the two-year deadline passes, you lose your right to hold those responsible accountable for your damages.
Exceptions exist. When criminal charges are pending, the statute of limitations may be paused. Once the criminal matter has been resolved, you may then have extra time to file a lawsuit against the person who attacked you.
Contact a Trusted Lafayette Sexual Assault Lawyer for a Free Consultation Today
If you were a victim of sexual assault, you deserve every ounce of justice that the law provides. That includes financial compensation. Proving your case can be difficult and traumatic. Contact an experienced Lafayette sexual assault lawyer at Kenny Habetz Injury Law for the legal assistance you deserve today.
