Are You A Victim Of Assault in Georgia?
Rely on our Atlanta attorneys to help you fight for justice
At Gary Martin Hays, LLC, our professional staff understands how traumatic a violent crime can be for victims and their loved ones. Whether you’re dealing with rape, sexual assault, or a shooting, it takes courage to take legal action and fight for your rights. Don’t hesitate to call us now: 1-470-294-1664. We have represented people just like you who have gone through horrific ordeals, and we have deep compassion for victims.
Most people realize that someone who commits a rape or sexual assault, or uses a gun to shoot another person can be arrested and may face years in prison for the crime. But in many cases, the owner of the property or the business where the assault occurred may be held liable in a civil action. The victim or families who lost loved ones may be entitled to compensation because the property owner or business was negligent — for instance, lighting may have been inadequate, or security may not have been in place.
If you were a victim of a rape, sexual assault, or shooting, we know you’re dealing with serious trauma. You did nothing wrong, but the attack has likely turned your world upside-down. We know what to do next — in fact, founding attorney Gary Martin Hays wrote the #1 bestselling book on this subject, The Authority on Inadequate/Negligent Security Claims in Georgia. Contact us today for a free and confidential consultation.
“Gary Martin Hays and Sarah Jett did an amazing job with my case. They handled my injury case professionally so I could focus on trying to get better! I would recommend them to anyone! Very pleased with my results!”
– James M.
Aggregate Rating: 4.9/5 stars from 694 reviews
FAQs About Rape, Sexual Assault, and Shooting Injury-Related Civil Claims and Lawsuits
- What rights do victims of rape or sexual assault in Georgia have to seek compensation?
- What types of compensation can victims of rape, sexual assault, or shooting incidents pursue in Georgia?
- How does a personal injury lawyer help victims of sexual assault or rape in Georgia?
- Is it possible to file a civil lawsuit for sexual assault if criminal charges were not filed in Georgia?
- Who can be held legally responsible in a sexual assault or rape case in Georgia?
- What is the difference between a criminal case and a civil lawsuit for rape or sexual assault in Georgia?
- Can victims of rape or sexual assault sue property owners if the attack happened on their premises?
- What evidence is necessary to pursue a civil lawsuit for rape or sexual assault in Georgia?
- How can an attorney prove negligence in cases of sexual assault or rape on someone’s property?
- Is there a statute of limitations for filing a lawsuit as a rape or sexual assault victim in Georgia?
- What should a victim do first if they were sexually assaulted or raped in Georgia?
- How can a lawyer help a shooting victim in an apartment complex or similar property?
- Are there legal options if a rape or assault occurred due to negligent security at a hotel, club, or similar establishment?
- Can a lawyer help if a loved one was assaulted in a Georgia nursing home or care facility?
- Why would a landlord be liable for an assault at an apartment complex in Georgia?
- How do you show that a landlord or business owner was negligent?
- What types of inadequate security measures may cause a property owner to be liable for rape or sexual assault injuries?
- What should be considered when choosing a lawyer for a sexual assault or rape case?
- How can an attorney help survivors of rape or sexual assault deal with insurance companies?
- Are there any costs upfront to hiring a lawyer for a rape or sexual assault case?
- How does working with a lawyer make the legal process easier for rape or sexual assault survivors?
- Rape crisis contact information
What rights do victims of rape or sexual assault in Georgia have to seek compensation?
Victims of rape and sexual assault in Georgia have rights that allow them to pursue justice and compensation, giving them a path to recover after such traumatic experiences. Here are some of the key rights available to victims:
- Right to File a Civil Lawsuit: Victims can seek compensation through a civil lawsuit, regardless of whether criminal charges were filed.
- Right to Hold Third Parties Liable: If negligence on the part of property owners, employers, or other entities contributed to the assault, victims can pursue a claim against them.
- Right to Seek Damages for Emotional and Physical Harm: Victims can claim compensation for pain, suffering, medical costs, and therapy to aid recovery.
- Right to Privacy and Confidentiality: Georgia law allows for measures to protect victims’ identities and personal details during legal proceedings.
A knowledgeable attorney can help protect these rights, ensuring you receive the support you need to recover and pursue justice.
What types of compensation can victims of rape, sexual assault, or shooting incidents pursue in Georgia?
Understanding the types of compensation available can help victims plan for their financial and emotional recovery.
Compensation types may include:
- Medical Expenses: Covers costs for emergency care, ongoing medical treatments, and medications related to injuries sustained.
- Therapy and Counseling: Funds for mental health services, including trauma therapy, counseling, and support groups.
- Lost Wages and Income: Compensation for missed work due to physical or emotional recovery, as well as potential loss of future income.
- Pain and Suffering: Non-economic damages to account for the trauma, fear, and emotional distress experienced.
- Punitive Damages: In cases of extreme negligence or intentional harm, additional damages may be awarded to penalize the responsible party.
Seeking legal guidance can help ensure victims pursue all eligible compensation, covering both immediate and long-term recovery needs.
How does a personal injury lawyer help victims of sexual assault or rape in Georgia?
A personal injury lawyer assists victims of sexual assault or rape by guiding them through the legal process and helping them seek compensation for their injuries and emotional trauma. They investigate the incident, gathering evidence to determine liability, which may involve the assailant, property owners, or other responsible parties. Additionally, a lawyer can handle negotiations with insurers and opposing parties, so victims don’t face the burden of navigating this alone. Their support allows victims to focus on recovery while pursuing justice and compensation.
Is it possible to file a civil lawsuit for sexual assault if criminal charges were not filed in Georgia?
Yes, victims of sexual assault in Georgia can file a civil lawsuit even if criminal charges were not pursued. Civil cases have different standards of proof than criminal cases, allowing victims to seek compensation for damages through a personal injury claim regardless of criminal prosecution. This can help victims hold the assailant or other responsible parties accountable and secure financial relief for medical bills, therapy, and emotional suffering. Consulting an attorney ensures the civil case is handled professionally, maximizing the chance for a successful outcome.
Who can be held legally responsible in a sexual assault or rape case in Georgia?
Determining liability is essential in sexual assault cases, as several parties may share responsibility beyond the assailant. Potentially liable parties can include:
- The Perpetrator: The individual responsible for committing the assault remains liable regardless of other parties.
- Property Owners or Managers: If the assault occurred on someone else’s property, owners may be liable if they failed to provide adequate security.
- Employers: Employers may be responsible if the assault occurred in a workplace or by an employee under their supervision.
- Security Companies: Security firms contracted to protect a location or event may bear responsibility if they did not fulfill their duties.
By working with a lawyer, victims can identify all responsible parties, ensuring accountability and maximizing potential compensation.
What is the difference between a criminal case and a civil lawsuit for rape or sexual assault in Georgia?
In Georgia, a criminal case for rape or sexual assault is pursued by the state to punish the offender, potentially leading to jail time or other criminal penalties. The focus of a criminal case is on proving guilt “beyond a reasonable doubt,” which is a high standard of proof. In contrast, a civil lawsuit is filed by the victim to seek financial compensation for damages like medical bills, emotional trauma, and lost wages. Civil cases require a lower standard of proof, called “preponderance of the evidence,” and allow victims to hold responsible parties accountable even if a criminal conviction is not secured.
Can victims of rape or sexual assault sue property owners if the attack happened on their premises?
Yes, victims of rape or sexual assault can sue property owners if the attack occurred on their premises and there was inadequate security. Property owners have a duty to maintain safe environments, especially in areas with a known history of violence or inadequate safety measures. If the property owner failed to provide reasonable security, such as lighting, surveillance, or security personnel, they may be held liable for negligence. Consulting an attorney helps victims understand their rights and pursue compensation from liable property owners.
What evidence is necessary to pursue a civil lawsuit for rape or sexual assault in Georgia?
Evidence plays a critical role in strengthening a civil case for sexual assault.
Here are some key pieces of evidence that can support a claim:
- Medical Records: These document physical injuries sustained during the assault and any subsequent treatments.
- Police Reports: A formal report can provide details of the incident and any initial investigation findings.
- Surveillance Footage: Security camera footage can help establish what happened and identify parties present at the time.
- Witness Statements: Testimonies from witnesses who may have seen or heard aspects of the assault can be valuable.
- Records of Prior Incidents: If there’s a history of similar incidents in the area, it may support a claim of negligence against property owners.
An experienced attorney can assist in collecting and preserving this evidence, building a case that supports your right to compensation.
How can an attorney prove negligence in cases of sexual assault or rape on someone’s property?
Proving negligence is often a key element in holding third parties accountable in sexual assault cases. Attorneys look for signs of negligence by examining:
- Prior Incidents: If the property has a history of similar incidents, the owner may have been aware of security risks.
- Lack of Security Measures: Inadequate lighting, lack of security cameras, or a lack of security personnel can indicate negligence.
- Failure to Address Known Risks: Property owners may be liable if they ignored known dangers, such as a broken lock or an unlit parking area.
- Non-Compliance with Safety Standards: Failure to meet industry security standards can be used to demonstrate negligence.
A lawyer will carefully investigate these factors, gathering evidence highlighting any negligence and strengthening your case.
Is there a statute of limitations for filing a lawsuit as a rape or sexual assault victim in Georgia?
Yes, Georgia imposes a statute of limitations, or time limit, for filing a civil lawsuit as a rape or sexual assault victim. Typically, victims have two years from the date of the assault to file a personal injury claim for damages. However, exceptions may apply in certain cases, such as if the victim was a minor at the time of the assault. Consulting an attorney promptly ensures that victims understand the applicable deadlines and don’t miss the opportunity to pursue justice and compensation.
What should a victim do first if they were sexually assaulted or raped in Georgia?
If someone is sexually assaulted or raped in Georgia, seeking medical attention is the first priority to address any injuries and preserve evidence. Reporting the assault to law enforcement can help initiate an investigation and create an official record of the incident. Additionally, victims should reach out to a lawyer who can guide them through all their legal options, protect their rights, and help them seek accountability for the harm they suffered. Taking these steps can support both their physical recovery and potential legal case.
How can a lawyer help a shooting victim in an apartment complex or similar property?
An attorney can help an apartment shooting victim by investigating potential negligence on the part of property owners or managers. The lawyer will examine whether the property had adequate security measures, such as lighting, locks, and security personnel, which could have helped prevent the shooting. They can also gather evidence and handle negotiations with insurance companies or other liable parties to seek compensation for medical expenses, lost wages, and pain and suffering. With a lawyer’s support, victims can focus on their recovery while pursuing justice and financial relief.
Are there legal options if a rape or assault occurred due to negligent security at a hotel, club, or similar establishment?
If a rape or assault occurred due to negligent security at a hotel, club, or similar establishment, victims may have several legal options to hold the property accountable. Here’s a list of potential avenues:
- Filing a Premises Liability Claim: Victims can pursue a premises liability lawsuit if the property owner failed to provide adequate security, such as proper lighting, functional locks, or security personnel.
- Seeking Compensation for Negligent Security: If the property owner neglected known risks, such as a history of similar incidents, victims can seek damages for injuries and trauma caused by the lack of reasonable safety measures.
- Pursuing a Civil Lawsuit Against All Responsible Parties: In addition to the property owner, victims may also be able to hold security companies or event organizers liable if they contributed to inadequate security.
- Claiming Punitive Damages for Severe Negligence: When an establishment’s security lapses are egregious, victims may seek punitive damages to penalize the property owner and prevent future negligence.
An attorney experienced in negligent security cases can guide victims through these options, gathering evidence and advocating for fair compensation to aid in recovery.
Can a lawyer help if a loved one was assaulted in a Georgia nursing home or care facility?
Yes, a nursing home negligence lawyer can assist if a loved one was assaulted in a Georgia nursing home or care facility. They can investigate whether the facility failed to provide adequate supervision, security, or staff training that could have prevented the assault. If negligence or lack of oversight is identified, the lawyer can help families pursue a claim for medical expenses, emotional trauma, and other damages. Legal representation ensures that the facility is held accountable and that your loved one receives the justice and support they deserve
Why would a landlord be liable for an assault at an apartment complex in Georgia?
If you were assaulted at an apartment complex, the landlord may be liable for your injuries. The following are a couple of Georgia court rulings on negligent security and premises liability:
“The general rule is that a landlord is not an insurer of his tenant’s safety; however, landlords do have a duty to exercise ordinary care to prevent foreseeable third-party criminal attacks upon tenants.”
– Brookview Holdings V. Suarez, 285 Ga. App. 90, 645 S.E.2d 559 (2007)
“(P)rior property crimes may give a landlord notice of possible future crimes against a person.”
– Walker v. Aderhold Props. Inc., 303 Ga. App. 710, 594 S.E.2d 119 (2010)
At Gary Martin Hays, LLC, we have years of experience handling complex premises liability cases in Georgia, including cases involving negligent building maintenance and security. These cases can be time-intensive and difficult to prove, but our attorneys have a track record of success in getting clients the results they need.
How do you show that a landlord or business owner was negligent?
- Prior crimes: The apartment complex knew or should have known about a prior history of crimes in the complex. In our intensive investigation, we typically secure crime reports through the local police department.
- The defendant business owner’s internal reports: We look for internal reports that have identified prior crimes in the area.
- What security practices are in place? We investigate what types of security practices the business has in place to protect the people who are invited onto its property. We often can establish a standard of care a business should use to protect others by showing what other similarly situated businesses do in the area.
- Prior victims: We examine police reports to find out if there are victims of prior crimes in the area. Sometimes we find that someone else was assaulted in the same location, and the apartment complex or business owner failed to take action to increase security.
- Security experts: We may hire experts to help us establish the defendant (the business owner or landlord) breached the standard of care by not having adequate security.
What types of inadequate security measures may cause a property owner to be liable for rape or sexual assault injuries?
Inadequate security measures may take the form of:
- Inadequate or insufficient security staff
- Failure to adequately screen guests and visitors
- Inadequate lighting in stairwells and parking lots
- Malfunctioning door locks
- No operable security cameras or phones
Georgia premises liability law requires property owners and managers to provide safe premises for patrons and guests. Negligent security might involve improperly functioning room locks, which allows an intruder to gain access to a hotel room. Negligent security also might involve failure to prevent someone from parking in an unmonitored location where an assault might occur.
When negligent security issues cause or contribute to an assault, rape or shooting, it’s important for victims to act fast. Contact Gary Martin Hays, LLC at 470-294-1664 right now.
What should be considered when choosing a lawyer for a sexual assault or rape case?
Selecting the right attorney can make a significant difference in the outcome of your case. Here’s what to look for in a lawyer for sexual assault or rape cases:
- Experience with Sexual Assault Cases: A lawyer familiar with these types of cases will understand the unique challenges involved.
- Compassion and Sensitivity: Working with an empathetic attorney who prioritizes your well-being can help make the process more manageable.
- Strong Track Record of Success: Look for an attorney with proven results in personal injury cases and a history of winning compensation for clients.
- Clear and Consistent Communication: An attorney who keeps you informed and responds to questions is essential for building trust and confidence.
Finding a lawyer who meets these criteria can give you peace of mind and assurance that your case is in capable hands.
How can an attorney help survivors of rape or sexual assault deal with insurance companies?
An attorney can help survivors of rape or sexual assault by handling all communication and negotiations with insurance companies, ensuring that victims aren’t pressured into accepting low settlements. Insurance companies often attempt to minimize payouts, but an attorney can advocate for full compensation that reflects the victim’s medical expenses, therapy needs, and emotional trauma. They also understand the tactics insurers use and can gather evidence to support a strong claim. With legal representation, survivors can avoid unnecessary stress and focus on recovery while pursuing fair compensation.
Are there any costs upfront to hiring a lawyer for a rape or sexual assault case?
Typically, there are no upfront costs to hiring an attorney for a rape or sexual assault case, as most of these attorneys work on a contingency fee basis. This means the lawyer only gets paid if they successfully recover compensation for the client, making legal representation accessible regardless of financial circumstances. This arrangement helps survivors focus on healing without worrying about immediate legal fees. Consulting a lawyer under this structure ensures victims can seek justice without added financial stress.
How does working with a lawyer make the legal process easier for rape or sexual assault survivors?
Navigating a legal claim after a traumatic event can be overwhelming, but an attorney with experience in these types of cases can ease this burden. Here’s how a lawyer can help:
- Manages All Paperwork and Filing Deadlines: An attorney handles complex legal documentation and filing timelines so you don’t miss critical steps.
- Conducts a Thorough Investigation: Lawyers gather evidence, interview witnesses, and consult experts to build a strong case for justice and accountability you deserve.
- Handles Communication with Opposing Parties: They negotiate with insurers, property owners, and other parties to seek fair compensation for your damages.
- Provides Emotional Support and Guidance: A lawyer can offer guidance and support, helping you feel more secure throughout the legal process.
Working with an attorney means having a skilled advocate who handles the difficult aspects, allowing you to focus on recovery.
Rape Crisis Contact Information
If you have been a victim of a sexual assault, there is help and support provided to you for free.
Atlanta
Grady Rape Crisis Center
Atlanta, GA 30303
Crisis Line: (404) 616-4861
Admin: (404) 616-3521
Fax: (404) 616-5882
Duluth
Gwinnett Sexual Assault Center & Children’s Advocacy Center
Duluth, Georgia 30096
Crisis Line: (770) 476-7407
Admin: (770) 497-9122
Fax: (770) 623-4218
Savannah
Rape Crisis Center of the Coastal Empire, Inc.
Savannah, GA 31412-8492
Crisis Line: (912) 233-7273
Toll free: (888) 241-7273
Admin: (912) 233-3000
Fax: (912) 232-8455
Valdosta
The Haven
Valdosta, GA 31603
Crisis Line: (800) 334-2836
Admin: (229) 244-3176
Fax: (229) 244-2647
National Hotline
Or, please call the National hotline for the organization RAINN.org. Phone number for the free hotline: 1-800-656-HOPE
We Fight for the Rights of Sexual Assault and Shooting Victims Every Day
You don’t need to take on the insurance company for the apartment complex or business by yourself. At Gary Martin Hays, LLC, we recognize how difficult it can be to recover from the trauma of assault or gun violence.
Each case is unique in the impact it has on the lives of the people involved. Your first step to simplify the process is to contact us today. From the insurance forms to the medical bills, our experienced staff can help you sort through the red tape and paperwork.
Call 470-294-1664. There is no fee for your initial consultation. Now is the time to act.
