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A. What will your attorney be investigating?

B. How Will the insurance company try to shift the blame?

C. What to do if you are the victim of a sexual assault

D. Damages and compensation you can recover in Georgia

E. Common injuries in sexual assault and rape cases

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Sexual assault is arguably the most heinous crime one can have committed against them. It leaves lifelong damage that a victim is constantly suffering and attempting to recover from. Even as physical the wounds fade, the mental anguish lasts. Sexual assault cases are among the most sensitive that an attorney can handle. You need and deserve an attorney who will be empathetic and aggressive on your behalf. 

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A. WHAT WILL YOUR ATTORNEY BE INVESTIGATING?

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While the criminal courts will only look to punish your assailant, your attorney will be doing something different.

 

Instead of looking to your assailant, your attorney will look at the property owner, as they are more likely to have the funds for your compensation. The question to be answered is did the property owner take all reasonable steps to protect you and others visiting the property. This can be security, cameras, lighting, pat downs and the like. 

 

The failure to take appropriate steps constitutes negligence on the part of the property owner. By entering the property, the owner will owe you some duty to make areas you are allowed in safe. When they do not take steps to comply with this duty, it is known as a breach. The task of your attorney is to tie that breach to the assault, making them liable for damages. 

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B. HOW WILL THE INSURANCE COMPANY SHIFT BLAME? 

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As there are potentially enormous sums of money at stake, the insurance company will do anything they can to shift blame away from the property owner. They will try to argue that someone as carnal as a rapist would have committed this assault no matter what safety measures were put in place. They will argue that even if you have suffered 1 million dollars in damages, they should only have to pay a lesser percentage due to the actions of another. If they were to be successful, this would lessen your total compensation as your assailant is extremely unlikely to be able to pay the money that they are required to.

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C. WHAT SHOULD YOU DO IF YOU’RE THE VICTIM OF A SEXUAL ASSAULT?

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If you are the victim of a sexual assault, immediately notify police and go to the hospital. Ensure the doctors are aware of what happened and inform them that you will be needing a rape kit. As much as you may want to, resist the urge to shower until doctors tell you it is ok, as this will be important to any criminal proceedings and potentially even your civil case. Give the police a statement as soon as you are able to, with whatever details you can remember. 

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D. DAMAGES AND COMPENSATION YOU CAN RECOVER IN GEORGIA

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Serious injuries occur anytime a person is a victim of a rape or sexual assault. You will need extensive medical care, or even long-term care after an assault. Fortunately, you may be able to recover some of those losses, including: 

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• Medical expenses, including emergency care and ongoing treatments

• Lost wages

• Reduced or loss of earning capacity

• Long term disability 

• Property damage

• Pain and suffering, including emotional injuries

• Diminished quality of life

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If you or a loved one has been badly injured due to a sexual assault and would like to discuss what possible damages you could recover, contact The Walker Law Offices for a case evaluation.

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E. COMMON INJURIES IN SEXUAL ASSAULT AND RAPE CASES

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When you have been assaulted, you can be left with a variety of severe injuries, including: 

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• Bone fractures and lacerations, including skull fractures 

• Psychological injuries, including post traumatic stress disorder

• Joint damage

• Traumatic brain injuries

• Cuts, bruises, and abrasions

• Disfigurement 

• Paralysis

• Wrongful death of a spouse or other family member

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If you or a loved one were injured in a sexually violent crime, you may be entitled to financial damages. This support in an undoubtedly difficult time requires diligence, experience, and most of all, empathy to best help you. To learn more about what compensation might be available, contact the Walker Law Offices today to schedule your appointment.  

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