Individuals with disabilities are in a protected class. They have the right to expect an ordinary level of care, respect and protection from abuse in their environments – including at work, school, in hospitals, nursing homes and right at home.
If a person with a disability suffers from any form of sexual assault or abuse, certain parties may be held liable, or legally responsible. An experienced Illinois sexual assault lawyer can prove invaluable for the survivor and his or her family during this type of civil lawsuit in Illinois.
Investigating the Abuse
When an attorney is hired for a sexual abuse case involving a person with disabilities, the law firm will conduct a comprehensive investigation. The lawyer will listen to the sexual abuse story and believe the client. The investigative process may involve interviewing witnesses and those involved, analyzing any available evidence, and piecing together what happened.
After an initial investigation, the attorney will explain the victim’s rights to his or her family or legal representative. Information gathered during the investigation can shed light on who is liable, or legally and financially responsible. The attorney will then name the liable parties to proceed with a claim.
Gathering Key Evidence
Sexual abuse civil cases require a “preponderance of the evidence” to be proven, or enough to demonstrate that the claim being made against a defendant or accused party is more likely to be true than not true. Clear and compelling evidence is needed to successfully meet this burden of proof and hold someone liable for the sexual abuse of a disabled person in Illinois.
The types of evidence that a lawyer may gather and preserve include police reports, incident reports, witness accounts, statements from those involved, photographs, video footage, physical evidence, DNA evidence and proof of disability. The goal behind the evidence is to prove that the defendant(s) named owed the victim a duty of care, breached or violated their duty of care, and caused the plaintiff harm.
Filing Before Illinois’ Deadline
The process of bringing a sexual abuse civil claim in Illinois requires specific paperwork. Numerous filing rules and regulations must be adhered to for a legally valid claim. A lawyer can take care of confusing legal paperwork for the plaintiff and make sure it is all submitted by the statute of limitations, or state deadline.
Negotiating With Insurers
An experienced sexual abuse attorney will be prepared for potential roadblocks and defenses against a civil lawsuit. The legal strategy crafted by the attorney will be tailored for the client’s unique case and goals. A lawyer will be able to take over settlement negotiations with an insurance provider to fight for the best possible case outcome. This can prevent an insurance adjuster from taking advantage of the victim.
Bringing the Case to Court
Most Illinois sexual abuse and assault claims reach settlements. If an insurance company refuses to cooperate, however, an attorney will have the power to litigate the case in court to seek justice. A court trial can hold one or more parties publicly accountable for the sexual abuse of a disabled individual and potentially lead to greater compensation.
Protecting the Survivor Every Step of the Way
Throughout the legal journey, a lawyer will aggressively protect the rights, safety and well-being of the survivor. A lawyer will ensure that the victim receives the medical care, counseling and support that they need, and that the family stays informed about the status of the case throughout.
The right attorney can be a critical asset during a sexual abuse case involving a person with disabilities. To discuss a specific case with a reputable attorney in Illinois, contact The Mahoney Law Firm for a cost-free initial case review. We have helped thousands of clients achieve justice for sexual abuse.