How To File A Sex Assault Lawsuit In Florida

Statute of Limitations to File Sexual Assault Lawsuits in Florida

If you’ve just survived a sexual assault in Florida, you might not know what to do next. Beginning a lawsuit is the right option for many situations, and you might understandably need time to consider whether you want to start any kind of legal action.

It’s essential not to delay the process of filing a claim, however, because you have a limited amount of time to do so. That’s because there is a statute of limitations that typically applies to these cases.

It can be frustrating to think that you have to rush to get justice for what you’ve experienced, but these deadlines work to protect your claim. They encourage you to bring the case forward when there’s still viable evidence that can help you win.

In Florida, the statute of limitations for sexual assault civil lawsuits is generally two years from the date of the assault. However, this doesn’t mean you should wait until the deadline is almost up to consult a lawyer. Evidence tends to get harder to track down over time, and talking to a lawyer early on ensures they have plenty of time to investigate.

Exceptions That May Extend the Deadline in Florida

There are some exceptions to the statute of limitations. If you were under 16 when you were sexually assaulted, there is no statute of limitations for civil action.

The statute of limitations may be paused (or “tolled”) if the perpetrator goes into hiding or if you were mentally incapacitated at the time of the assault. An example of this would be if you were intoxicated, which would mean you could not give consent.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

A sexual assault lawsuit involves proving that you engaged in sexual activity against your will or when you were not able to grant consent. The types of acts that are considered sexual assault vary and can include rape and unwanted touching.

Your lawyer will likely need to include your description of the assault in your lawsuit. They may also gather and include other types of evidence, such as:

• Photos
• Medical records
• Forensic exam results
• Records of any electronic communication between you and the perpetrator
• Witness statements
• Surveillance footage

If an attorney takes your case, they’ll likely spend significant time investigating your assault to ensure they have plenty of evidence to strengthen your claim. The most complex aspect of these cases is proving that there was no consent. Often, the defendant will state that you did grant it, and unless there were witnesses, it could be difficult to prove otherwise.

A personal injury lawyer with experience in these cases knows what challenges you are up against and will be able to gather the most appropriate evidence to assist you.

How a Lawyer Can Help Survivors in Florida

Many people associate personal injury law with traffic accidents. However, a Florida personal injury lawyer with experience in sexual assault lawsuits may also be able to help you recover compensation.

Understanding who may be liable for what you’ve suffered is something that your lawyer can help you achieve. There may be more than one party to blame. For example, if you were assaulted in a parking lot because of negligence, including lax security, the property owner could be responsible because they owed you a duty of care to offer reasonably safe premises.

Your attorney can also assist you in discovering what damages you may be able to receive. This is not always easy to calculate, especially when it comes to pain and suffering and other non-economic losses. If you attempt to file a lawsuit on your own, you could be undervaluing your claim.

Negotiating for a settlement is never simple, but it can be a vicious process when dealing with a sexual assault case. You could end up being re-traumatized by the harshness of the defendant’s lawyers. If you have your own legal representation, though, they work as a buffer. They can handle the majority of the communications so that you can focus on healing.

In many cases, these lawsuits can be settled before they go to court. However, if yours ultimately must go to trial, a competent lawyer will be able to help you prepare. Just like any other trial, there will be a discovery phase to go through, depositions and continued negotiations.

The first step is finding a lawyer you trust. We can help! ConsumerShield matches people in need of legal assistance with qualified attorneys. Fill out our contact form below for a free case review!