QUESTION

How can a victim of sexual assault sue for civil damages?

Asked on Mar 30th, 2021 on Civil Litigation - Florida
More details to this question:
My wife was sexually assaulted by her uncle when she was underage but has recently reported the crime and he's in the process of being convicted of this as well as other sexual assault crimes. He mother died when she was 13 and her grand mother received custody of her and we would also like to sue her as well because my wife reported abuse to her as a minor but it was allowed to continue. Seeking a civil judgement for damages.
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3 ANSWERS

Personal Injury Attorney serving Orlando, FL
3 Awards
Hi Kyle if your wife's grandmother owned property, and her negligence resulted at least partially in the damages that your wife suffered, then technically her homeowners policy, at the time period the incidents happened, could be a source of potential recovery. There are statute of limitations issues that would need to be researched, but some counsel including myself do look at these cases from a contingency fee standpoint. Specifically, how old was your wife when the last incident regarding sexual abuse by her uncle happened to her? And how many years ago was that.? And how old is your wife currently?
Answered on Apr 02nd, 2021 at 3:39 PM

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Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
While there may be staute of limitation problems, the bigger issue is to what end? If the perpetrator is going to prison, its a fair bet that he has no money to support a civil judgment. Same with the grandmother, unless there is some indication they are exceptionally wealthy to satisy a judgment. 
Answered on Mar 31st, 2021 at 12:59 PM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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Medical Malpractice Attorney serving Plantation, FL
4 Awards
Hi Kyle, I'm sorry to hear of the abuse to your wife. 1st: Discuss the possibility of restitution with the State Attorney's office. Regarding pursuing this as a civil matter, the issue of collectibility is primary.  
Answered on Mar 31st, 2021 at 10:59 AM

50M dollars recovered in Personal Injury, Medical Malpractice and Wrongful Death. Life Member Million Dollar Advocates. AV rated. Former Ins Adjuster

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