Understanding Southwest Michigan Sexual Abuse as a Personal Injury
Sexual abuse commonly involves non-consensual or forced sexual advances made by an individual. For a successful personal injury claim, a sexual abuse victim must establish several elements.
First, there must be an act of sexual abuse by a person or a failure to prevent such abuse. Next, the victim must sustain damages or harm as a result of the abuse. Finally, there must be a causal connection between the intentional or negligent acts and the damage or harm.
A sexual abuse case can be a type of Southwest Michigan personal injury claim; however, it differs from the other common personal injury claims. For example, there are often several parties that could be held responsible for sexual abuse, and cases might not be reported or understood for many years. This is why it's important for you to retain experienced legal counsel from Hamilton Law. Call (269) 488-8394 or fill out our online form to schedule a complimentary 15 to 30-minute initial consultation today.
Who Can Be Held Liable for Southwest Michigan Sexual Abuse
Sexual abuse commonly results from an individual's actions, and as such, the abuser is a potentially liable party for such abuse. In addition, a company or organization can also be liable in a personal injury claim.
If an abuser holds a position of authority within an organization, such as a supervisor or religious leader, they might use their influential position to take advantage of an individual. A personal injury claim often depends on the procedures and policies put in place to prevent sexual abuse when the abuser holds power within an organization or company.
For example, a failure to perform proper background checks on job applicants could be negligent behavior. If the procedures are not adequate or not followed, the organization or company could be held liable.
Proving Michigan Sexual Abuse
A sexual abuse personal injury claim requires the injured party to meet the burden of proof to establish liability. Evidence can come in many forms and from many places, but it is a necessary part of proving a case.
A physical examination by a healthcare provider and subsequent treatment and care could provide evidence of sexual abuse when there are physical injuries. Additionally, evidence of mental health counseling or therapy could provide proof of sexual abuse and the damages sustained.
Eyewitness statements could also be a significant form of evidence in proving sexual abuse and the resulting damages. To hold an organization or company liable, an injured party must provide evidence showing a failure to uphold the relevant standards of care. This might include evidence of a failure to follow policies or procedures in hiring, training, or supervising an employee or member.
How a Sexual Abuse Attorney in Michigan Can Help You
A sexual abuse case often becomes stressful and challenging, especially when an injured person is trying to recover from the harm caused by the abuse. This type of case also differs significantly from other personal injury cases, which the sexual abuse attorneys at Hamilton Law understand.
For instance, we can help argue for an extension of the state statute of limitations when the sexual abuse occurred several years earlier in the injured person's life. Additionally, we know experts who can act as key witnesses for sexual abuse claim and damages.
A sexual abuse personal injury claim can be an empowering time in a victim's life, and we at Hamilton Law will work to hold the at-fault parties responsible for their actions. Call (269) 488-8394 or fill out an online form to schedule a complimentary 15 to 30-minute initial consultation.