How long will it be until my civil case resolves?
It depends. Some cases will resolve relatively quickly, with a settlement that is agreeable to both sides. Other cases will proceed to trial and may entail extensive discovery, e.g. investigations, depositions, and interrogatories. At the outset it is difficult to predict how long a particular case will take to resolve.
Can I maintain my privacy if I file a civil lawsuit?
Yes; there are different ways to protect your privacy. We can keep your name and other personal information out of the public record by filing the suit under a pseudonym, e.g. Jane Doe or John Doe; we can also file the case under seal, or pursue confidentiality agreements with the perpetrator.
What kind of damages can I seek in a civil case?
If the perpetrator is found liable in a civil court, there are three different types of monetary damages: economic damages, which pay back actual damages suffered, such as medical bills or lost wages; general or non-economic damages, which are discretionary and compensate for physical and emotional pain and suffering; and punitive damage, which, as the name indicates, seek to punish the offender for misconduct.
My assailant was not prosecuted; can I pursue civil restitution?
Yes. A criminal case seeks to determine guilt or innocence, and to hold an offender accountable to the state through punishment. A guilty verdict must be reached beyond a reasonable doubt. For many reasons, a criminal case may not be prosecuted or an offender not found guilty. Regardless of the result of prosecution, if you are the victim of a crime, you may seek civil damages. In a civil case, the court will determine whether the offender or a third party is liable for damages. A determination is made by a preponderance of the evidence, meaning that it is more likely than not that the offender committed the alleged act. This is a much lower standard than in a criminal case.
