Sexual Abuse Lawyer Fort Lauderdale FL
When you seek legal advice from your Fort Lauderdale, FL sexual abuse lawyer, you’re taking the first step to get through a very challenging situation. Coming forward about your experience with abuse can be incredibly difficult and requires a tremendous amount of courage.
Taking legal action against your abuser can help make sure that this individual never harms you — or another person — ever again. It may also be possible for a victim of sexual abuse to seek financial damages from the perpetrator through a civil action lawsuit. A civil court case might not result in a huge financial settlement for the victim, but in some cases it certainly can.
As your Fort Lauderdale sexual abuse lawyer can explain, the outcome of a sexual abuse case depends on many different factors. One of our attorneys from Needle & Ellenberg, P.A. would be happy to review your case on a confidential basis and at no charge. This may give you the opportunity to learn more about your legal options.
Determining the Cause of Action
Every civil court case must have a justifiable reason, or “cause of action,” in order to be accepted into a civil court of law for litigation. As part of that requirement, it must be clearly explained why the plaintiff is taking legal action against the defendant. “Sexual assault” is a criminal offense and may be an acceptable charge in criminal court, but it is not considered a cause of action in most civil courts.
Instead, the victim may be able to pick one (or more) causes of action related to the offense. Emotional distress, assault, or battery might be applicable in a victim’s case. Our trusted attorneys work closely with sexual abuse victims to determine the most appropriate course of action.
How Fort Lauderdale, FL Sexual Abuse Lawyer Proves Fault in Civil Court
A victim of sexual abuse may choose to file a civil court suit while the criminal court case is still open. Alternatively, victims might choose to file civil suits after a criminal case has already concluded, regardless of whether or not the alleged perpetrator was found guilty. It could benefit the victim’s civil suit if the defendant is found guilty in criminal court. However, it may not necessarily work against the victim’s civil suit if the defendant is found not guilty.
Proving fault in a sexual abuse civil suit may sound similar to how other personal injury cases are handled. The victim (i.e., the plaintiff) must prove, by a preponderance of the evidence, that the alleged assailant (i.e., the defendant) was directly responsible for causing harm to the victim. The victim may be able to collect damages for medical bills, lost wages, and overall pain and suffering.
We Will Treat You with Respect and Care
Your Fort Lauderdale sexual abuse lawyer understands how difficult it can be to come forward and talk about sexual abuse. The nature of the situation can lead to overwhelming feelings of fear, anger, distrust, and anguish, which might provoke a desire to “shut down” and not say anything. By talking with sexual abuse attorneys, victims can begin to feel as if a weight has been lifted off their shoulders. When you meet with your lawyers at Needle & Ellenberg, P.A., you can feel confident that we handle each and every case with the utmost sensitivity. We understand how traumatic the circumstances can be and can do our very best to help you feel comfortable, safe, and supported during this legal process.
We Respect Confidentiality
We have a profound respect for confidentiality and know how important it is to those who have been sexually abused. As your Fort Lauderdale sexual abuse lawyers, we are ethically, morally, and legally bound by confidentiality; therefore, all information you tell us is privileged. That said, as part of the legal claims process, it may be necessary to give authorization to share certain information to specific people, such as independent experts, a judge, or a legal aid. However, these parties will maintain and practice the same confidentiality measures as our legal team. Before any information is disclosed, we will ask you for your authorization.
If at any time court proceedings do ensue, we have the ability to file an application for anonymity so that your identity remains protected. As knowledgeable sexual abuse lawyers, we understand how to handle this process with ease and efficiency.
We Are a Voice for Victims of Sexual Abuse
Every survivor of sexual abuse has his or her own unique healing process. For some people, healing may require counseling or therapy and a comfort in knowing they are not alone. Others might find healing or solace through a sexual abuse lawsuit. Regardless of how you might need to heal, we believe it is our job to assist you in your recovery as a survivor and protect others from being abused.
By working with your Fort Lauderdale sexual abuse lawyer, you can feel confident in knowing we will be a voice on your behalf. We won’t just work hard to protect your rights, but also to safeguard your dignity and reputation. If you would like to know more about how we can be of legal assistance, please call our firm today.
Talk With A Fort Lauderdale FL Sexual Abuse Lawyer Today
If you have been the victim of sexual abuse, you may be able to collect financial compensation for this pain and suffering. At the Needle & Ellenberg, P.A., we know that injuries stemming from sexual abuse can be incredibly traumatic. It might not be easy for victims to come forward and ask for help. Should these individuals choose to seek legal counsel, it’s important for their lawyer to be professional, effective, and compassionate.
At the Needle & Ellenberg, P.A., we support victims of sexual abuse who choose to come forward. Difficult as these cases may be, it’s essential for these individuals to have every opportunity to collect the financial damages that they rightfully deserve. To request a free and confidential case evaluation with our Florida sexual abuse lawyers, contact our law offices today.
Common Misconceptions About Sexual Abuse Law
Sexual abuse is a deeply sensitive and complex issue. Misconceptions about sexual abuse law can prevent survivors from seeking the justice they deserve. With more than 50 year of combined experience, our Fort Lauderdale, FL sexual abuse lawyers are here to clarify these misunderstandings and offer support. Below, we debunk common myths surrounding sexual abuse law to help you better understand your rights and the legal process.
- Myth: Only Women Can Be Victims of Sexual Abuse Sexual abuse can happen to anyone, regardless of gender. Men and non-binary individuals can also be victims of sexual abuse. The law provides equal protection and avenues for justice to all survivors, irrespective of their gender. It’s crucial to acknowledge that anyone can experience sexual abuse and deserves the same level of support and legal recourse.
- Myth: You Must Have Physical Evidence to Prove Sexual Abuse While physical evidence can strengthen a case, it is not always necessary to prove sexual abuse. Testimonies from the survivor and witnesses, psychological evaluations, and other forms of evidence can be sufficient. Courts understand the complexities of these cases and consider a range of evidence to ensure justice is served.
- Myth: Sexual Abuse Must Be Reported Immediately to Be Valid Many survivors feel overwhelmed or frightened and may delay reporting the abuse. The law acknowledges this and provides varying statutes of limitations, allowing survivors time to come forward. In Florida, the statute of limitations for sexual abuse can vary, so consulting with your Fort Lauderdale, FL sexual abuse lawyer can help determine the best course of action based on your situation.
- Myth: If There Was No Physical Resistance, It Wasn’t Abuse Consent must be given freely and voluntarily; absence of physical resistance does not imply consent. Many survivors may be too scared, shocked, or physically incapable of resisting. The law recognizes that lack of resistance does not negate the occurrence of sexual abuse.
- Myth: You Cannot Sue for Sexual Abuse If the Perpetrator Was Acquitted in Criminal When it comes to court, criminal and civil cases operate under different standards of proof. An acquittal in a criminal court does not prevent a survivor from pursuing a civil lawsuit. In civil court, the burden of proof is lower, requiring a preponderance of the evidence rather than proof beyond a reasonable doubt. This allows survivors another opportunity to seek justice and compensation.
- Myth: Sexual Abuse Only Occurs in Certain Settings or Communities Sexual abuse can happen anywhere and affects individuals across all demographics, including race, socioeconomic status, and community settings. It is a pervasive issue that does not discriminate, and it is crucial to recognize that it can happen in any environment.
- Myth: Reporting Sexual Abuse Will Lead to Retaliation Without Protection Legal protections are in place to safeguard survivors from retaliation by the perpetrator or others. Restraining orders, no-contact orders, and other protective measures can be enforced to ensure the survivor’s safety. Additionally, there are support systems and organizations dedicated to helping survivors through this process.
- Myth: Sexual Abuse Cases Are Always Public and Will Damage Your Reputation Privacy is a significant concern for many survivors. Legal proceedings can be handled with a high degree of confidentiality to protect the survivor’s identity and personal information. Courts often allow for measures that minimize public exposure and protect the privacy of those involved.
Seeking Justice And Support
When seeking justice and support it’s important to understand the realities of sexual abuse law. At Needle & Ellenberg, P.A., we are committed to dispelling these myths and providing compassionate legal assistance. If you or a loved one has been affected by sexual abuse, contact a Fort Lauderdale, FL sexual abuse lawyer from our office. We are here to support you every step of the way. Reach out to us today for a confidential and complimentary consultation and let us help you find the justice and healing you deserve.