Suffering an assault is incredibly devastating. When it is due to the actions of your Texas doctor, a sexual assault can understandably leave you struggling with a wide range of emotions—shock, anger, confusion, and fear.
It is devastating to experience a betrayal of trust of this magnitude by someone who was supposed to be looking out for your well-being. Understanding your legal options and knowing how to seek help is crucial in the aftermath of such a traumatic event. This guide aims to clarify how an attorney can help you, what you can expect in regards to recovery, and the statute of limitations for these claims in Texas.
How a lawyer can help
Navigating the aftermath of a sexual assault, especially when the perpetrator is a trusted medical professional, is incredibly difficult. An experienced attorney provides support in a myriad of ways during this process, including:
- Legal representation and defense. A lawyer represents you in court, ensuring that your case is handled delicately. He or she will advocate on your behalf, holding the abuser accountable for his or her actions and seeking justice for you.
- Gathering evidence. Your attorney collects and preserves key evidence, such as medical records, witness statements, and other relevant documentation. This essential evidence proves your case and establishes the facts.
- Navigate legal procedures. Your attorney will guide you through every stage, from filing a complaint and navigating discovery to negotiating settlements or presenting your case in court. Their experience ensures that you won’t have to face these challenges alone.
An attorney works to protect your interests while seeking justice on your behalf. While you focus on healing and recovering, your attorney makes sure that the doctor who harmed you is held accountable for his or her actions.
What to expect from recovery
In Texas, there is a difference between criminal and civil sexual assault cases. For example, those injured in a sexual assault may be entitled to various types of compensation. compensation outside of pending criminal charges, depending on the specifics of your case. Examples of possible recoverable damages include:
- Economic damages. Economic damages cover tangible financial losses resulting from the assault, including medical expenses for treatment and therapy, lost wages if you were unable to work, and other costs related to the assault.
- Non-economic damages. Non-economic damages can be substantial and are intended to compensate for the emotional and psychological toll the assault took on your well-being. These damages cover pain and suffering, emotional distress, and any loss of quality of life.
- Punitive damages. In cases of particularly egregious behavior, courts may award punitive damages. A court awards punitive damages not to compensate the victim, but to punish the perpetrator for his or her actions and deter others from similar conduct.
Understanding how much your case may be worth and what you may be entitled to recover requires the assistance of a qualified attorney. Take advantage of getting the financial support you need to get back on your feet by choosing to defend your case alone.
Who else can be responsible?
As your attorney investigates the details of your claim, it may become apparent that other parties may be responsible for your assault. Other potentially responsible parties include:
- The medical center. If the assault occurred in a medical facility, such as a hospital or clinic, the institution may also be held liable for the doctor’s actions. The facility could be liable for failing to properly supervise or examine the doctor.
- Healthcare professionals. If systemic failures in the health care system contributed to the assault, other health care professionals or administrative staff may share some of the responsibility. Possible areas of responsibility include inadequate training, supervision, or implementation of policies that did not prevent the assault.
Holding all parties accountable for your experience and the subsequent pain is important to moving you and your family forward in a positive direction.
Related: Sexual Assault Lawsuits Against Dentists in Texas
Statute of Limitations on Sexual Assault Lawsuits in Texas
Understanding the statute of limitations is crucial to taking legal action in a timely manner. In Texas, the deadlines for filing a claim are as follows:
- Criminal cases. For criminal prosecution, there is generally a ten-year window from the date of the crime to bring charges. If DNA evidence identifying the perpetrator is available, the time limit can be extended, allowing prosecution beyond the standard limit.
- Civil cases. In civil cases, where compensation for damages is sought, there is usually a court of law available. cinco years from the date of the assault to file a lawsuit. This period allows you to claim compensation for your losses and hold the abuser accountable.
It is essential to have an experienced attorney on your side to understand how the statute of limitations applies to your case.
Exceptions to the prescription
Certain exceptions apply in particular situations that extend the statute of limitations for any specific case, including:
- Discovery rule: The statute of limitations begins when you discover or should have discovered the injury and its connection to the assault; and
- Age: If you were a minor at the time of the assault, the statute of limitations does not begin until you turn 18, providing additional time for those who are not ready to take legal action.
Consulting with an experienced attorney can help you understand the time limits that apply to your case and whether any exceptions apply to you.
Contact us
At Grossman Law Offices, we bring over 30 years of combined legal experience to every case we handle. Our commitment goes beyond winning cases; we understand that when you come to us, you are facing one of the most difficult times of your life. We know that you need more than just legal representation, you need someone who will listen with compassion, treat you with respect, and guide you through this difficult path. Our team is dedicated to helping you move forward. Contact us today by phone or email for a free consultation, and let us show you how we can support you.
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