Following a terrifying episode of sexual assault, abuse, or harassment, it can be the most difficult time in a victim’s life. The problem has reached astonishing proportions: almost every two minutes, an American is sexually assaulted. Whether an assault took place in a private residence, workplace or public space, the emotional distress will likely be the same, as will the penalties and severity of legal consequences for the named assailants.
Legal action may not be a complete solution, though filing claims may assist a victim in moving forward and recovering compensation to pay for emotional suffering, lost wages, and costs for medical costs and counseling.
There are numerous factors and each sexual assault is different in circumstances, though negligent security is a common identifiable factor. Sexual abuse can take place in almost any environment or location, though certain workplaces or places are considered higher risk, including corrections facilities where security officers have been accused of assault, and in nursing homes and hospitals where healthcare professionals have been implicated.
Many workplaces have issues with bosses and managers taking advantage of employees and in universities where allegation against athletes and physical therapists are far more common than anyone would like to believe.
Joe Lyon is an experienced sexual assault lawyer and personal injury attorney investigating claims of sexual assault and physical abuse due to negligent security.
The Lyon Firm has handled a variety of sex crime, sexual abuse, rape, sexual assault and sexual discrimination cases on behalf of victims and plaintiffs in Ohio and nationwide.
Uber is facing a class-action suit filed by women who claim they were harassed, assaulted, kidnapped or raped by their Uber driver. Uber is responsible by law, according to attorneys, because of negligent driver screening, placing its customers at risk with drivers who may have criminal records.
Attorneys note that Uber is more concerned with low-cost, inadequate background checks on drivers, and fails to monitor drivers for any violent or inappropriate conduct after they are hired. Uber assault cases are not uncommon, and plaintiffs should contact an attorney to investigate.
Campus assault go underreported for a variety of reasons: shame, embarrassment, fear of social consequences, fear of further abuse, and fear that authorities will not believe a personal account or abuse. Around 63 percent of sexual assaults are not reported to police.
The problem is massive, and many estimates say about 20 percent of college females experience some form of sexual assault, many in their first year or two at school.
Common contributing factors include alcohol abuse, peer-pressure, and security negligence. Knowing how widespread the issue is, schools have a duty to take every safety measure possible, including increased security staff, cameras and available phones, and a well-lit campus environment.
Should a college fail to protect students against assault, they may be liable. Civil lawsuits can be filed for the following:
The widespread Catholic Church abuse in the U.S. has brought survivor litigation to the forefront of the legal world. Hundreds of church abuse victims have filed lawsuits in criminal and civil cases. Many victims have settled with the church, and many others have been hamstrung by state statute of limitations laws.
Church abuse lawsuits have implicated priests, educators, and others involved in church activities. Camp counselors and pastors have been named as defendants in lawsuits. The Lyon Firm is proud to represent church abuse survivors and will work to file criminal and civil suits to seek justice and compensation.
Sexual Harassment can be a traumatic event or period of time for women at home, school, or workplace. Many times, victims of sexual abuse and harassment do not know how to reach out for help, and do not believe they have legal recourse against their perpetrators.
But the courts have shown in recent years that sexual harassment is not taken lightly and victims have been awarded with settlements and verdicts that stress the importance of a safe workplace.
Proper security at the workplace, public spaces and on campus is often taken for granted. But when violent or sexual crimes occur, and could have been prevented, negligent security lawsuits may be filed on behalf of victims and plaintiffs.
Campus security and workplace security are put in place for a reason, but the systems often fail when shortcuts are taken or negligent staff fail to protect the safety of students and employees. Victims of sexual crimes are encouraged to contact a sexual assault lawyer to review your case.
Prosecutors have time limits for filing criminal charges against defendants. These are called the statute of limitations. While the intent of these laws is logical—the courts want to make sure charges are filed promptly and while evidence is still intact—many sexual assault victims do not come forward for many years because they feel shame and are reluctant to speak.
Some people believe that no matter how much time has passed since a sexual crime was committed, the criminal should be held accountable for their acts.
The current Ohio statute of limitations for rape is 20-25 years, though each case is unique and it depends on the circumstances. The prosecuting time limit for other Ohio felony sex crimes can be six years, and two years for misdemeanor crimes like groping and fondling. Ohio civil lawsuits must be filed within one to two years.
Like other states in recent years who have extended criminal statutes of limitations for rape and church abuse, Ohio is considering the allowance of charges to be filed beyond the current deadline. The Ohio governor has suggested extending civil statutes of limitations beyond the current one- to two-year window.
Currently, Ohio’s civil statute of limitations for childhood sexual abuse victims expires at age 30, and the criminal statute extends 20 years after the alleged abuse. Ohio Lawmakers will have to adjust the statute of limitations for many athlete and church abuse victims to file lawsuits.
After an independent investigative report was released by Ohio State University about Dr. Richard Strauss, a school trainer and sexual abuser for 20 years at the university, many Ohio victims and attorneys are calling for a change in current laws.
Adding to the barriers that keep victims from coming forward to seek justice, there are still caps on civil damages. Ohio has a law, created in 2005 to protect physicians, corporations and insurers, which caps monetary damages in civil cases at $250,000.
Many attorneys are discouraged from filing lawsuits because $250,000 often doesn’t cover the cost of large, complex and lengthy cases. Ohio statute of limitations reform and lifting caps on damages would be a step in the right direction. Most states don’t have damages caps on sexual abuse cases.
The Ohio State University sex abuse scandal has embroiled the school and hundreds of victims in a complex legal situation. Many of the plaintiffs in the case were allegedly assaulted many years ago, and have limited legal options in filing a lawsuit against the trainer who abused them. Dr. Strauss, an Ohio State doctor, abused at least 177 former students.
However, some victims have settled cases with the university and have been compensated for their terrible ordeals. Abuse survivors may feel like they don’t have any voice, but even when a statute of limitations is in place, settlements can be sought.
Hundreds of sexual abuse allegations have surfaced across the U.S. involving Boy Scout leaders and young victims. The Boy Scouts has been a respected American institution for decades, now facing legal action and serious criticism in how it has handled such abuse cases.
Boy Scout abuse victims may have claims, depending on the circumstances. Boy Scout Abuse lawsuits can help survivors seek justice and compensation. Your sexual assault lawyer can investigate your case and help you move forward.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.
Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the abuse or assault.
Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.
Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.
Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.
Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.
Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.
Each case is unique and results will vary. Under Ohio law, an injured party may recover damages related to lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:
The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.
Companies and organizations who hire and oversee employees and individuals may be responsible for any sexual abuse or assault that occurs under their watch. The following organizations have been implicated in sexual assault claims in recent years:
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results in personal injury, automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases. The cases have involved successfully litigating against some of the largest companies in the world.