Sexual Abuse Lawyer in Miami, FL
Sexual Abuse Lawyer Miami, FL
A seasoned personal injury and sexual abuse lawyer Miami FL trusts can knows all too well, a sexual assault can devastate the victim a second time if the criminal justice system fails them in the pursuit of justice. However, whether or not the perpetrator is charged with criminal assault, or if prosecutors dropped the charge, the victim has another legal option. With the help of a sexual abuse lawyer Miami FL victims need, a victim of sexual assault may have grounds to file a civil lawsuit against the perpetrator. At Needle & Ellenberg, P.A., our legal team has helped many victims of sexual assault get the justice they deserve from those who have hurt them. Our attorneys are compassionate and understanding when working with clients, but aggressive in their pursuit of recovering damages.
Sexual abuse has the potential to cause a lifetime of trauma and pain – but a sexual abuse lawyer in Miami, Florida, can help you get your life back. If you suffered sexual abuse, it’s important to remember that you’re not a victim: you’re a survivor, and you have the power to fight back, even if it feels like your life is no longer in your control. Survivors of sexual abuse face numerous challenges moving forward with their lives, and while no amount of money can fix serious trauma, it can help when it comes time to finally move forward.
Table Of Contents:
- Struggling After Sexual Abuse
- Strength to Survive
- Criminal Charges Versus a Civil Lawsuit
- Recovery of Damages
- Call a Miami, FL sexual abuse lawyer now for a consultation
- Sexual Assault Claims and Lawsuits in Florid
- Retaining a Sexual Abuse Lawyer
- Why Needle & Ellenberg, P.A
Struggling After Sexual Abuse
Those who have experienced sexual abuse may struggle to make sense of a world they feel has forgotten them. There are many symptoms and difficulties for sexual abuse survivors, ranging from Post-Traumatic Stress Disorder (PTSD) to self-harm. Each one of these problems can last a lifetime, but it’s important to remember that they can be overcome with proper care and the right support network.
Post-traumatic stress can manifest immediately after experiencing sexual abuse. Some survivors of sexual abuse may find themselves completely unable to do anything related to the circumstances associated with their abuse. Others may experience insomnia, nightmares, and difficulties carrying out day-to-day tasks. Survivors of sexual abuse who experience PTSD may find themselves depressed, and feeling disconnected from the world around them.
Self harm is another major problem for those who have experienced sexual abuse. Some survivors feel ashamed, or guilty – even though they aren’t at fault for what had happened to them in the past. This can lead to a downwards spiral of self-harm, including drug and alcohol abuse, and thoughts of suicide or suicide attempts.
Sexual abuse survivors may also experience anxiety. This might make it nearly impossible for them to get out of the house – or even the bedroom to accomplish ordinary tasks. They might feel unable to face other people, and they might struggle to find their way back into a normal life for many years after their abuse. This anxiety can be debilitating, and when coupled with PTSD and self harm, it can make life after sexual abuse unbearable. Sexual abuse lawyers in Miami, FL, can help you move on from this pain, despite how hopeless you may feel.
Strength to Survive
Despite all of these challenges, it’s important to remember that if you are a survivor of sexual abuse, you are more powerful than you may feel. Sexual abuse can rob a person of their future, but it shouldn’t, and a qualified sexual abuse lawyer can help you take your life back.
No amount of money can make up for a life-altering trauma like sexual abuse. However, proper compensation can help you get the care you need to rebuild your life and move on from abuse that has taken over your life. You don’t have to live like a victim if you’re a survivor of sexual abuse: It’s time to take control of your life and become your own person again. Reach out to Needle & Ellenberg, P.A., and get in touch with a sexual abuse lawyer in Miami, FL, that you can trust.
Criminal Charges Versus a Civil Lawsuit
When someone breaks a law and they are caught, they may be charged with a crime. If they are found guilty of that criminal charge, they face jail time and/or fines, depending on the nature of the crime.
When someone harms someone else, the victim may have grounds to file a civil lawsuit against that person. If the perpetrator is found guilty by a judge or jury, he or she will be compelled by law to compensate the victim a sum of money. How much money they must award the victim will depend on the nature of their actions. Civil lawsuit awards could be as little as a dollar or as much as millions of dollars. Upon accepting your case, a sexual abuse lawyer Miami FL victims rely on from our firm can give you an estimate as to what he or she believes your case is worth.
Something important to understand is that criminal charges and civil lawsuits are independent of one another. A perpetrator can be arrested for assault, or not arrested, convicted, or walk free and still be named as a defendant in a civil lawsuit. Perhaps the most infamous example of this is the civil lawsuit against O.J. Simpson after he was found innocent of murdering Nicole Brown and Ron Goldman. The Goldman family won a monetary award from Simpson because the civil lawsuit jury concluded he was guilty of murdering Ron Goldman, though a different jury found him innocent in a criminal trial. Establishing guilt in a civil lawsuit is usually much easier than in a criminal trial.
Recovery of Damages
As opposed to a criminal trial, perpetrators of sexual assault who are found guilty in a criminal lawsuit will not face jail time as a result. Instead, they will be held responsible for repaying the damages they caused the victim. A sexual abuse lawyer Miami FL calls on from our firm can review your case and determine what damages you’ve suffered might qualify as damages. In the context of a sexual assault, examples of damages that may be eligible for compensation could include the following:
- Medical costs for treatment of physical injuries associated with the sexual assault.
- Therapy or counseling.
- Lost wages for the time period the victim was unable to work due to the physical and/or emotional injuries incurred by the perpetrator.
- Pain and suffering.
- Loss of joy.
- Post-traumatic stress disorder symptoms such as depression, anxiety, etc.
Are you a survivor of a sexual assault? Call Needle & Ellenberg, P.A. in Miami, Florida now to find out if you can file a civil claim or lawsuit against the perpetrator or other negligent party.
Sexual assaults are very serious crimes and usually carry stiff penalties due to the physical and psychological harm caused upon the victim. Criminal prosecution may succeed in punishing the offender, yet there is often no compensation for the victim. This is where a civil lawsuit could be considered. Civil lawsuits are filed with the help of a Miami, FL sexual abuse lawyer. The objective may be to obtain monetary compensation to make up for physical and psychological injuries that the victim will have to live with for the rest of their life.
Call a Miami, FL sexual abuse lawyer now for a consultation
Sexual Assault Claims and Lawsuits in Florid
Unfortunately, the majority of sexual assault victims are not told that they may be able to file a civil lawsuit against the person that harmed them. Although every case is inherently different, some legal theories that may allow you to file a personal injury claim for sexual assault include:
- Assault and/or battery
- Intentional or negligent infliction of psychological distress
- Invasion of privacy
- False imprisonment
- Transmission of an STD
- Wrongful death
Even if you believe you have suffered in a different way, a sexual abuse lawyer in Miami, FL should still be consulted. Call Needle & Ellenberg, P.A. today.
Retaining a Sexual Abuse Lawyer
As a victim of sexual assault, it is important you understand that you don’t have to rely on the punishment set forth by the Florida court system. Even if the perpetrator goes to prison, you may be able to file a claim or lawsuit on your own. Because these cases are generally very complex, you are recommended to seek out a well qualified Miami, FL sexual abuse lawyer.
Why Needle & Ellenberg, P.A
Needle & Ellenberg, P.A. has handled a large number of sexual assault cases for victims and their loved ones. We understand the sensitivity involved and will help you to feel as comfortable as possible. A few reasons why you should consider us to be your legal representation include:
- We have been winning sexual assault claims and lawsuits for decades
- We are guided by a wealth of knowledge related to sexual assault legislation
- We are clever, persistent, and tenacious
- We are compassionate and supportive
- We won’t settle for less
Statute of Limitation
Filing a personal injury claim or lawsuit that involves a sexual assault does have statute of limitations. These vary greatly from other types of cases which is why you should talk with a lawyer to understand the applicable deadlines. If you miss this time period, you will likely be unable to seek compensation.
No Win. No Fee
For nearly all of our personal injury cases, including sexual assault, we work on a contingency fee basis. This means you don’t pay anything unless we win a settlement for you.
If you or a family member has been sexually assaulted, please call a sexual abuse lawyer Miami, FL victim trust from Needle & Ellenberg, P.A.
If you were the victim of a sexual assault, call our office at (786) 460-7030 without delay to request a free case review with a seasoned personal injury and sexual abuse lawyer Miami FL residents turn to, today.
Types of Evidence For Your Case
As a Miami, FL sexual abuse lawyer knows, in a sexual abuse case, gathering and presenting the right type of evidence is crucial for seeking justice and holding the perpetrator accountable. Sexual abuse cases are highly sensitive and require a comprehensive approach to establish the credibility of the victim’s claims which is why it is important to work with a trusted lawyer from Needle & Ellenberg, P.A. Here are some key types of evidence that can be important in a sexual abuse case in Florida:
- Victim Statements: The victim’s statement, whether given to law enforcement or recorded in another form, serves as critical evidence. It provides a firsthand account of the abuse, including details about the perpetrator, the incidents, and the impact on the victim’s life. Victims should be encouraged to provide a clear and consistent narrative, and any changes in their statements should be explained, if necessary.
- Medical Examinations: A thorough medical examination conducted by a trained healthcare professional is essential in a sexual abuse case. The examination should focus on documenting any physical injuries or trauma resulting from the abuse. It may also include testing for sexually transmitted infections (STIs) and collecting DNA evidence, such as hair, bodily fluids, or other biological samples.
- Forensic Evidence: A trusted Miami sexual abuse lawyer knows that collecting forensic evidence is crucial in sexual abuse cases. This may involve collecting DNA samples from the victim’s body or clothing, preserving and analyzing any physical evidence left at the crime scene, and documenting any signs of forced entry or struggle. Forensic experts can provide valuable analysis and testimony to support the victim’s claims.
- Eyewitness Testimony: In some cases, witnesses may have observed or heard about the abuse, either directly or indirectly. Eyewitness testimony can corroborate the victim’s account, provide additional details about the incident, or establish the perpetrator’s behavior or reputation. Eyewitnesses should be identified and their statements recorded as soon as possible to ensure their recollection remains accurate.
- Electronic Evidence: In today’s digital age, electronic evidence can play a significant role in sexual abuse cases. This may include text messages, emails, social media conversations, photographs, or videos that may have been exchanged between the victim and the perpetrator or contain relevant information about the abuse.
- Past Complaints or Reports: If the victim has previously reported the abuse or made complaints against the perpetrator, those records can be important evidence. This includes any records with law enforcement agencies, schools, employers, or other relevant entities. Such reports can establish a pattern of behavior and lend credibility to the victim’s claims.
- Expert Testimony: Expert witnesses, such as psychologists, psychiatrists, or therapists specializing in trauma and sexual abuse, can provide professional opinions and analysis. They can assess the victim’s psychological state, trauma responses, and the impact of the abuse on their mental and emotional well-being.
- Journal Entries or Diary: If the victim has maintained a journal or diary, it can serve as powerful evidence. These personal records can provide details about the abuse, the victim’s emotions, and the impact on their daily life. Journal entries can help establish a timeline and provide insight into the victim’s state of mind.
When you are ready reach out to Needle & Ellenberg, P.A. to speak with our Miami sexual abuse lawyer now.
What to Do Immediately Following Sexual Abuse in Florida
When you have been the victim of sexual abuse, reach out to Needle & Ellenberg, P.A. to speak with our trusted and compassionate Miami, FL sexual abuse lawyer for help.
What should I do immediately after experiencing sexual abuse in Florida?
If you have experienced sexual abuse in Florida, your immediate actions should prioritize your safety and well-being. You should remove yourself from the presence of the abuser and seek a safe environment. If you are in immediate danger, call 911 or the emergency helpline in your area. If possible, refrain from showering, changing clothes, or cleaning any part of your body to preserve potential evidence for investigation purposes. Keep any clothing, bedding, or other physical evidence related to the abuse, if possible.
What should I do when I’m safe?
The next thing you can do is visit a hospital or healthcare provider promptly, even if there are no visible injuries. A medical professional can conduct an examination, treat any physical injuries, administer preventive medications, and collect evidence for a forensic examination, if desired. You can report the abuse to law enforcement by calling 911 or visiting your local police station to file a report. Provide them with all the details you remember about the abuse, including information about the abuser.
Should I confide in someone about the sexual abuse, even if I’m unsure about reporting it to the police?
It is important to confide in someone about the sexual abuse, even if you are uncertain about reporting it to the police. Sharing your experience with a supportive person can help alleviate the emotional burden and provide comfort. Friends, family members, or professionals such as counselors or therapists can provide guidance, resources, and support. They can also help you explore your options and make informed decisions about reporting the abuse.
Is it recommended to undergo a forensic examination after experiencing sexual abuse in Florida?
Your Miami sexual abuse lawyer knows that it is strongly recommended to undergo a forensic examination after experiencing sexual abuse in Florida. A forensic examination can collect vital evidence that may support a criminal investigation. Even if you are uncertain about pursuing legal action, undergoing the examination as soon as possible is advisable. Hospitals, sexual assault centers, or designated forensic examiners can conduct these examinations while ensuring your physical and emotional well-being.
What support services are available for survivors of sexual abuse in Florida?
Florida provides support services for survivors of sexual abuse, including:
- Counseling and therapy: Trained professionals offer individual or group counseling to help survivors cope with the emotional and psychological impact of sexual abuse.
- Advocacy and support organizations: Local sexual abuse support organizations offer services such as crisis intervention, support groups, legal advocacy, and assistance in navigating the criminal justice system.
- Medical assistance: Hospitals and healthcare providers provide medical care, forensic examinations, and referrals to appropriate services.
- Legal support: Legal advocacy services help survivors understand their rights, navigate the legal system, and provide support throughout the legal process, if desired.
- Helplines and hotlines: Sexual assault helplines and hotlines operate 24/7, providing support, information, and resources to survivors, their friends, and family members.
Get Help Today
Remember that every survivor’s experience is unique, and it is important to seek out the services and resources that feel most appropriate and helpful for your situation. When you are ready, reach out to a trusted Miami sexual abuse lawyer from Needle & Ellenberg, P.A. to begin your case.