Violent Crime Injury Victim Attorney in Atlanta

As our longtime Atlanta crime victim attorneys can explain, the same act of violence can be the subject of criminal charges as well as claims for civil liability. They are handled entirely separate from one another, their goals are different, they have different proof burdens, and the defendants may be different as well.

Georgia criminal cases:

• Are investigated by law enforcement.
• Are prosecuted by district attorneys and solicitor generals paid through tax dollars.
• Have the goal of penalizing offenders for violations of state laws, as identified in Georgia Code Title 16 Crimes and Offenses.
• Must be proven beyond a reasonable doubt by the evidence in a bench or jury trial (though many cases are resolved through plea deals negotiated between prosecutors and defense attorneys).
• May result in an order of financial restitution to the victim, but typically do not cover the full extent of a victim’s losses.

Conversely, Georgia civil cases pursued for violent crimes:

• Are investigated by civil injury lawyers, civil defense attorneys and insurers (though evidence gathered by law enforcement can be used in the civil case).
• Are pursued by survivors (the victim and/or surviving family members/caretakers/guardians), typically with the help of a civil personal injury lawyer, who are paid on the basis of a contingency fee agreement.
• Have the goal of financially compensating victims for losses and injuries sustained through the negligent and/or criminal conduct of others in order to “make whole” the victim to whatever extent possible.
• May include attackers as defendants, but more often seek to hold accountable third parties, such as property owners, property managers, business owners, caretakers, etc.
• Must be proven by a preponderance of the evidence (a lower standard of proof than beyond reasonable doubt).

Many acts of violence do not occur entirely independent of a third party’s negligence opening the door of opportunity. For example, if a hotel fails to beef up security despite a recent history of crime on-site, the hotel owner/manager can be held liable for negligence in failing to protect guests, because that failure essentially allowed an opportunity for the crime to occur.

A key element in this sort of civil liability case is reasonable foreseeability. The law does not expect that property owners, caregivers, or other defendants will be able to see into a crystal ball, predict when and where a crime will occur, and take action to prevent it. Conversely, there are times where it doesn’t take a fortune teller to know when a situation is ripe for danger.

In personal injury law, foreseeability is a concept used to ascertain the proximate (legal) cause of an injury. In other words, could this third party (property owner, employer, caretaker, etc.) have reasonably foreseen that someone would be hurt as a result of their conduct?

In the example of the hotel, a history of similar, violent crime reported at that same location/close by over a period of time prior to the violent act in question can be used to establish reasonable foreseeability in a negligent security case.

Primary points of concern in a civil liability claim following a criminal attack include:

• Did the attack occur on someone else’s property?
• Was there a person or entity that had a duty of care to protect you and failed?

These are the basis for claims of third-party negligence after an act of violence.

Georgia property owners and managers have a legal responsibility to protect lawful guests by recognizing potential risks and taking reasonable steps to either mitigate those risks or warn guests of them, per O.C.G.A. § 51-3-1. This includes the potential risk of violence. That duty of care is particularly high if the property owner was benefiting financially from the victim/plaintiff’s presence (i.e., a patron at a nightclub, a customer at a store, etc.), and it can apply while the invitee is approaching, exiting or present on the premises.

The law also holds that certain types of relationships can establish one’s responsibility to take reasonable measures to protect another. For example, a summer camp organization owes a certain degree of care to the young campers it welcomes each day. Nursing homes owe a certain degree of care to the vulnerable people who reside there. Churches have a responsibility to keep parishioners safe from predatory clergy. Rideshare companies owe a degree of care to their customers, which can include making sure their drivers are properly vetted and do not have a history of violent offenses.

When these entities fall short of their duty of care, creating an opportunity for violent crime to occur that results in someone being hurt, they can be held legally liable through a civil claim. This is true even if the business/property owner/organization had no advance knowledge that a specific crime would occur (which is almost always the case).

When a violent crime occurs, the statute of limitations on when the victim can bring their case to court begins. Your case does not have to conclude by the end of the statute, it just has to be filed.

Under GA Code § 9-3-33, the statute of limitations holds that parties injured by violent crime in Georgia have only two years to bring personal injury claims forward. After those two years, a court will dismiss your claim. It is important to remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything.

Due to the amount of factors that apply to the statute of limitations in any individual case, if you want to pursue a civil claim, you are advised to contact a personal injury attorney experienced in violent crime injury cases to build your case and gain compensation for your injury.