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Articles Posted in Sexual Assault

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Our law firm is approached by countless prospective clients regarding sexual assault claims.

The courage and strength the survivors have to step forward and speak with a personal injury lawyer about what they’ve been through is truly remarkable. I can’t begin to tell you about how difficult it can be for people to speak up and speak out about what they’ve been through. Even if all conversations with our lawyers and confidential, it still takes a lot for anyone to dig deep and recount to the events which have haunted their lives. Our hats off to all of the people who have opened up to us in the past; and continue to do so to this day. We appreciate the confidence and trust which you have put in out law firm to handle such meaningful and emotional claims.

We have been proud throughout the years to represent survivors of sexual assault in their claims against institutional defendants such as schools, hospitals and religious institutions. We have also been proud representing sexual assault survivors against various professionals such as doctors, dentists, teachers and religious figures.

Unfortunately, the law has a way of dehumanizing claims. The people who step forward to advance their claims are simply referred to as “The Plaintiff“; and the abuser is simply referred to as “The Defendant“. The law then takes the next step of examining one’s pain and suffering not but what a person may say on the stand; but by what’s contained in their medical, treatment or counselling records. If it’s not contained in the records, then it may not ring true in a Court of law.

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The first rule in personal injury law is to make sure that you sue a Defendant with deep pockets. That means the Plaintiff and his/her personal injury lawyer need to be satisfied that the Defendant has the ability to pay out on a potential settlement or judgment. If the Defendant cannot pay, the Plaintiff will not be compensated despite winning the case.

You can’t get blood from a stone. Nor can a personal injury lawyer recover compensation from an impecunious Defendant.

This is a very important concept.

There is certainly vindication on behalf of an injured Plaintiff in securing a judgment against a Defendant who has wronged him/her. The feeling of winning, justice, or simply closure are very important feelings.

But these feelings cost money.

If the Plaintiff has deep pockets, and doesn’t mind spending thousands of dollars in legal fees without a prospect of recovery in order to secure a Judgment; then all the power to that Plaintiff.

But these wealthy Plaintiffs who are prepared to spend the type of money required to secure a judgment in a personal injury action are few and far between.

Most Plaintiffs don’t have deep pockets to pay a lawyer’s hourly rates. On top of that; most lawyers won’t take on cases on a contingency fee basis on a “winnable” case if there is no realistic prospect of recovery.

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