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Yes, you may be entitled to file a civil lawsuit after being a victim of a violent crime. A civil case can seek accountability and compensation for the harm you experienced from the parties responsible, including any institution, organization, or business whose actions or failures contributed to or enabled the crime. By contrast, a criminal case aims to punish the person who committed the crime and to impose criminal penalties such as jail time and fines.
At Andreozzi + Foote, we understand the lasting impact violent crime can have on victims and those who love them. Our violent crime victim lawyers are committed to helping families seek accountability and compensation to address the lasting impacts of a crime.
When Can a Victim of a Violent Crime File a Civil Lawsuit?
A victim of a violent crime may be eligible to file a civil lawsuit when another person, business, property owner, or institution can be held legally responsible for the harm.
Criminal and civil cases are separate legal processes, so you do not have to wait for a criminal case to conclude or for the offender to be convicted before filing a lawsuit. Civil cases also have a lower burden of proof, meaning you may be able to establish your claim even when the evidence is not enough to support a criminal conviction. This means a civil lawsuit may remain an option when the offender is not identified, arrested, or convicted.
However, state law sets deadlines for filing a civil claim, and those deadlines vary depending on the circumstances. A lawyer can help you determine which statute of limitations may apply to your case.
What Types of Violent Crime Cases Can Lead to a Lawsuit?
A violent crime case may lead to a lawsuit when someone suffers serious physical, emotional, or financial harm due to another person’s actions. Common violent crimes include:
- Assault and battery
- Sexual abuse and assault
- Human trafficking
- Shootings
- Stabbings
- Carjacking
- Armed robbery
- Homicide and wrongful death
This list does not cover every situation that may support a civil case. If the violent crime you experienced does not appear above, you may still have legal options. Our attorneys can review the circumstances of your case and determine whether you may have grounds for a civil lawsuit.
Who Can You Sue in a Violent Crime Case?
Depending on the circumstances of your case, you may be able to sue the person who committed the crime, an organization that contributed to or enabled the harm, or a property owner who failed to take reasonable security measures.
The Individual Who Committed the Crime
In many cases, you may be able to sue the person who directly caused your injuries. A civil lawsuit is a separate legal action from a criminal case, which means you can file a lawsuit regardless of whether prosecutors pursue criminal charges or the offender is convicted of the crime.
An Institution or Organization That Enabled the Harm
An institution or organization may be held civilly liable for a violent crime when its actions or inactions contributed to or enabled the violent crime. This may include schools, colleges, religious organizations, healthcare facilities, children’s camps, and youth sports activities that had a responsibility to protect the people in their care.
A Property or Business Owner Who Failed to Provide Adequate Security
A property or business owner may be held civilly responsible for a violent crime when a dangerous condition or lack of reasonable security contributed to the harm. For example, a hotel or motel owner may face a claim if the owner knew about repeated criminal activity but failed to take reasonable steps to address the risk.
What Can You Recover in a Violent Crime Lawsuit?
In a violent crime lawsuit, you can seek compensation for the physical, emotional, and financial impacts of the harm. Depending on the circumstances of your case, recoverable damages may include:
- Medical and therapy expenses for immediate and ongoing care
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Scarring, disfigurement, or permanent impairment
Families may also experience significant losses when a loved one dies because of a violent crime. Surviving family members may pursue a wrongful death lawsuit for funeral and burial expenses, lost financial support, medical expenses, and other losses.
How much you may recover depends on the circumstances of your case. State laws may also limit certain damages or reduce the amount based on the victim’s actions or role in their injuries. A lawyer can calculate the value of your case and pursue full and fair compensation for the harm you experienced.
Civil Lawsuit vs. Crime Victim Compensation
Civil lawsuits and Crime Victim Compensation funds are separate options for financial help and compensation that victims or families may pursue simultaneously, if eligible.
Lawsuits allow victims and their families to seek compensation from the offender or another party responsible for their harm. Crime Victim Compensation funds are generally provided through state programs and may help cover certain expenses related to the crime. In many states, victims’ funds cover medical costs, counseling, lost income, funeral expenses, and crime-scene cleanup, but do not compensate for pain and suffering, stolen or damaged property.
Eligibility requirements for victim funds vary by state and include filing deadlines that differ from the statutes of limitations for civil lawsuits.
For example, in Pennsylvania, crime victim compensation claims for offenses that occurred on or after September 8, 2022, must generally be filed within five years. Offenses that occurred before that date have different deadlines. On the other hand, adult victims of crimes like shootings or stabbings in the Keystone State generally only have two years from the date of the incident to file a civil lawsuit. However, deadlines for filing suit vary depending on the type of offense and whether the victim was a minor.
How Andreozzi + Foote Helps Violent Crime Survivors
If you believe an organization’s actions or failures contributed to a violent crime, Andreozzi + Foote can help you understand your legal options. We represent survivors and families in civil claims against businesses, property owners, employers, and others whose actions or failures may have contributed to the harm. Our attorneys have a proven record of achieving meaningful results and holding institutions, organizations, and businesses responsible.
Let our violent crimes lawyers seek accountability and the compensation you need to move forward. We take cases on a contingency fee basis, meaning there’s no cost to you unless we recover compensation for you.
Contact us online or call (866) 311-8640 today for a free, in-depth consultation and take the first step toward justice.