If you suffered damages because of a criminal attack, whether because of injury or property loss, you should contact an experienced lawyer today. Put simply, criminal attack victims deserve justice. The perpetrator must be held accountable in criminal court. That is mostly a job for the state of Georgia.
Beyond that, it is just as important that victims are able to obtain compensation for the full extent of their damages. This is done in civil court, and the process is mostly controlled by the victim and their lawyer. There are several different avenues through which victims may be able to recover compensation for a criminal attack. If you have been a victim, an experienced lawyer should comprehensively review your case to determine your best path forward.
Holding the Perpetrator Responsible
Criminal charges should be brought against the perpetrator of an attack. However, a civil lawsuit against the perpetrator may also be necessary. In Georgia, victims will only be able to recover compensation by taking civil action. It is important to remember that a civil case and a criminal case will be separate legal actions.
Unfortunately, in many criminal attack cases, even taking civil action against the perpetrator will still not be enough to cover the full extent of the victim’s damages. This is true even if the civil action is successful because many perpetrators are ‘judgment proof’. Essentially, this means that the perpetrator lacks the assets needed to cover the victim’s damages. Fortunately, if you are a victim facing a judgement-proof defendant, your lawyer may be able to secure compensation through other means.
Premises Liability Claims: A Third Party May Be Liable
Third parties can also be held liable for criminal attacks. If an attack occurred on their property, and their negligence was a factor, the third party may be responsible. If you were criminally attacked on the premises of a Georgia business, you need to speak to an experienced lawyer immediately.
All Georgia business have a legal duty to provide patrons with reasonably secure conditions. If an attack occurred because of their failure to do so, a negligent security claim can be brought. Some common examples of negligent security include:
- Lack of security personnel;
- Lack of proper training for employees;
- Insufficient surveillance cameras;
- Broken door locks;
- Poor lighting; and
- Inadequate screening of guests.
Compensation from the State of Georgia
Finally, victims may be able to recover through the state of Georgia’s Crime Victims Compensation Program. This program establishes a fund that helps victims of crime get through the difficult aftermath of the incident. Qualifying victims are provided with some financial compensation for damages related to their attack. While this is a very important program that does a lot to help victims, there are strict caps on available compensation.
For example, a maximum of $15,000 is available for medical and dental expenses. Further, $25,000 is the maximum claim available through this program. Unfortunately, in many assault and battery cases, victims sustain damage that is far beyond the cap. This is why it is so important to speak to a lawyer who can help you find any party, whether the perpetrator, a property owner or another third party, who might bear some responsibility for your damages.
Do You Need Legal Assistance?
If you have been the victim of a criminal attack in Georgia, you deserve full and fair compensation. An experienced personal injury lawyer can help you get the compensation you deserve.
Apolinsky & Associates, LLC is a premier law firm that has represented victims of criminal attacks for almost 30 years. Our lawyers handle cases throughout Georgia and Alabama. If you need help, please feel free to contact us today for a free consultation. You can text Steve Apolinsky at 404-512-9191, email Steve@aa-legal.com or call our office at 404-377-9191. Please do hesitate to contact us today to schedule a free initial review of your case.
Legal disclaimer: This article contains information intended to educate individuals about the legal intricacies surrounding criminal attack cases. The situations referenced in this article are purely to make examples of potential criminal attack cases, and by no means indicate definitive lawsuits that will result in compensation. Further, contacting Apolinsky & Associates, LLC does not establish attorney client relations.