Experienced Legal Counsel For Victims Of Crime In Montgomery County

A crime can leave you dealing with painful injuries, emotional trauma and bills you never expected. You may also be unsure where to turn or whether you can hold someone accountable. If you are among the victims of crime in Montgomery County, we can help you understand your legal options. Our team includes former prosecutors who know how criminal cases work and how to use evidence to build a civil claim for compensation.

Civil Claims We Handle For Crime Victims

The person who harmed you may be held responsible for your injuries. In some cases, another party may also be liable for failing to take reasonable steps to prevent the attack. We handle civil claims involving:

• Assault and battery: Claims arising from threats that create a reasonable fear of imminent harm or from harmful or offensive physical contact.
• Sexual assault and child abuse: Claims against perpetrators and, in some cases, other parties whose actions or failures allowed the abuse to occur.
• Domestic violence: Claims for injuries and losses caused by violence within a household or relationship. These claims are separate from protection-from-abuse proceedings.
• Negligent security: Attacks that may have been prevented with reasonable safety measures, such as working locks, adequate lighting or appropriate security.
• Rideshare and transportation assaults: Claims involving drivers, transportation operators or companies when their negligence contributed to an attack.
• Dram shop liability: Claims involving the unlawful service of alcohol to a visibly intoxicated person who later causes harm.
• Workplace violence: Claims involving attacks that may have been prevented through reasonable safety measures or a proper response to known threats.
• Wrongful death: The personal representative usually files for eligible beneficiaries, such as a spouse, child or parent. If they do not file within six months of death, beneficiaries may file as a trustee ad litem.

Who Else May Be Held Responsible?

The person who committed the crime may not be the only one who bears responsibility. A landlord is not automatically liable for a tenant’s injuries caused by a third-party crime. Liability may arise if the landlord specifically agreed to provide security or voluntarily undertook security measures and performed them negligently. Bars, nightclubs and hotels may also be liable if they failed to take reasonable steps to protect guests from foreseeable harm.

Schools, universities and employers may face claims when their own negligence contributes to an attack. Management firms and security companies may be responsible for poor training or inadequate security. In some cases, a platform or business may also be liable if it ignored warning signs or failed to meet its duty to protect guests or tenants. The facts and the duties each party owed will determine whether a claim can move forward.

How Criminal Cases, Restitution And VCAP Affect Civil Claims

A criminal case focuses on whether the accused broke the law. A civil lawsuit, by contrast, seeks payment for the harm a victim has suffered. You may have grounds for a civil claim even if the prosecutor does not file charges or the accused is not convicted.

The criminal court may order the offender to pay restitution for certain losses. Pennsylvania’s Victims Compensation Assistance Program (VCAP) may also help eligible victims cover approved expenses. However, the program has eligibility rules and filing deadlines. Restitution and VCAP payments may also affect the amount you can recover through a civil lawsuit. Reviewing these options together can help you seek compensation while accounting for any repayment or reimbursement rules.

Evidence To Preserve After An Attack

What you do after an attack can affect your ability to prove your claim. Once you are safe, evidence that can help you include:

• Records of treatment and expenses from medical care
• Police reports of the attack
• Photographs of your injuries and the scene of the crime
• Relevant texts, emails and social media messages
• Surveillance footage
• Records of earlier attacks, threats or safety complaints

Compensation For Victims And Families

A civil lawsuit may help you recover the cost of medical care, counseling and lost wages. If your injuries limit your ability to earn a living in the future, you may also seek damages for lost earning capacity. Other possible damages include pain and suffering, emotional distress and permanent scarring. When an attack results in death, eligible family members may seek damages through a wrongful death claim. Under Pennsylvania law, the personal representative of the deceased person’s estate generally files this action on behalf of statutory beneficiaries, such as a spouse, children or parents. If the personal representative does not file within six months of the death, eligible beneficiaries may be able to bring the action as trustee ad litem.

Funeral and burial expenses may be recovered through the wrongful death claim. A separate survival action may cover certain losses the deceased person incurred before death, such as pain and suffering and medical expenses. In cases involving especially outrageous conduct, punitive damages may be available under Pennsylvania law.

Pennsylvania Filing Deadlines And Special Rules

Many personal injury claims in Pennsylvania must be filed within two years, but the deadline depends on the type of claim and the circumstances. Special rules may apply to minors and certain child sexual abuse claims. Claims against Pennsylvania government units generally require written notice within six months of the incident under state law. Governmental and sovereign immunity laws also strictly limit when these claims may proceed and cap damages, subject to narrow statutory exceptions.

Waiting too long may put your claim at risk. Speaking with a lawyer early can help you identify the correct deadline, determine who may be responsible and preserve evidence before it disappears.

Options When The Attacker Is Unknown Or Has No Assets

You may still have legal options if the attacker cannot be identified or does not have the money to pay a judgment. For example, you may be able to bring a claim against a property owner, employer or security company if their negligence contributed to the attack.

Depending on the circumstances, premises liability, negligent hiring or security and dram shop claims may offer other ways to seek compensation. Insurance may also cover some losses, depending on the policy and its exclusions. However, a landlord or business is not automatically liable for a third-party attack simply because it occurred on the property or during a service. A landlord’s liability for tenant security may depend on whether the landlord agreed to provide security or voluntarily undertook security measures and performed them negligently. Each potential claim depends on the specific facts and the legal duties involved.

Crime Victim Claims Across Montgomery County

Injuries related to crime can happen anywhere, including Norristown, King of Prussia, Pottstown, Lansdale and Willow Grove. These may include shopping centers such as the King of Prussia Mall, transit and parking facilities, downtown entertainment areas, apartment buildings, college campuses and workplaces. Keep in mind these are examples of settings where incidents may occur, not claims that any particular location is unsafe.

Many civil lawsuits are filed in the Montgomery County Court of Common Pleas. Our Pottstown office gives local residents a convenient place to discuss their concerns and learn about their legal options.

Need Representation? Contact Us Today.

The aftermath of a crime can be difficult to manage on your own. Bellwoar Kelly, LLP, can review your situation, explain your options and help you determine whether another person or business may be responsible for your injuries. Call us today at 610-422-7041 or send us an email to discuss what happened and learn whether you may have grounds for a civil claim.