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Suing Your Abuser and/or Seeking Restitution

If you are a victim of domestic assault and battery, sexual assault, fraud, theft or any other crime in addition to pressing criminal charges and cooperating with the prosecution of the person that victimized you, you can also file a civil lawsuit against that person. Criminal charges are brought against a defendant by the government, but when someone is a crime victim they also have a right to sue the defendant in civil court. The law allows crime victims to seek compensation civilly through the court system; crime victims do not have to rely on the prosecution for compensation and can seek justice through the courts even if the defendant is also being prosecuted by the government for their criminal conduct.

With a civil lawsuit a crime victim can recover for physical injures, medical bills, lost wages, pain and suffering and even punitive damages. When a crime victim sues the person who victimized them and receives a judgment against that person, often times that judgment is not dischargeable in bankruptcy because it is an intentional act.

If you are a crime victim and would like to discuss the possibility of suing the person who victimized you, give Mr. Adams a call.

Contingency Fee Agreement

Under the right circumstances a crime victim can get a lawyer that will take their civil case against their abuser on a contingency fee basis, which means that the lawyer will only recover for their legal services if there is a recovery. What are the right circumstances?

  1. The lawyer must be confident they can prove the case in Court.
  2. The lawyer must be confident that once they receive a judgment that they will be able to collect on the judgment.

Restitution

If you are a victim of a crime and someone is being prosecuted for the crime they committed against you, you can often receive restitution through the prosecution of the defendant. However, restitution is typically limited to out of pocket expenses and does not include compensation for pain and suffering and punitive damages. In addition, crime victims typically have to wait for a defendant to pay restitution out on restitution schedule.