Frequently Asked Questions About Justice For Victims Of Crimes

Victims of violent crimes or sexual assault may wish to take civil action against the responsible party. The compassionate lawyers at the Bellwoar Kelly, LLP, are here to help. Below you will find general information on frequently asked questions about using a civil lawsuit to hold perpetrators liable.

Who is eligible to file a claim?

To have grounds for a claim, the victim’s injuries or damages must be caused by someone else’s wrongdoing. For crime victims, this typically means a violent offense such as assault, rape or sexual assault. The first step toward compensation is speaking with an attorney to help you explore your legal options.

Who can I file a claim against?

Pennsylvania law allows victims to bring a claim against the perpetrator and any other responsible parties. For instance, if a coworker attacked you at your place of work, you may be able to hold your employer liable for negligent hiring or other wrongdoing. Likewise, if you were sexually assaulted by a teacher, you may also have a claim against the school that employed the perpetrator.

Does the defendant need to have been convicted?

In a civil lawsuit, it is not necessary for the defendant to have been convicted of criminal wrongdoing. However, a conviction would strengthen your claim. The burden of proof differs in civil cases. You only need to prove, based on the evidence, that the defendant committed a crime that caused you damage.

How long after the crime do I have to file a lawsuit?

The statute of limitations (deadline for filing a lawsuit) varies depending on the circumstances. However, the sooner you involve a lawyer, the better. Our attorneys can advise you of the applicable time limit for your situation.

What civil options do I have as a crime victim in Pennsylvania?

If you were hurt in a crime, you have the right to pursue a civil lawsuit in addition to any criminal case. These are two separate legal processes. While the criminal case is handled by the state and focuses on punishing the offender, a civil case is brought by you to recover financial compensation for your injuries, medical bills, lost wages and emotional suffering.

Victims can file several types of civil claims, such as:

• Assault and battery: When someone intentionally harms or threatens you
• Negligent security: When a property owner fails to provide adequate safety measures, allowing a crime to occur
• Negligent hiring or supervision: When an employer hires or retains someone with a dangerous history who then harms you
• Institutional liability: When schools, churches or other organizations fail to protect people in their care

Remember, your civil claim does not have to be only against the person who committed the crime. You can also pursue claims against third parties whose carelessness allowed the harm to happen.

Do I need a criminal conviction to bring a civil case?

No, a criminal and a civil lawsuit follow two separate legal processes. In fact, your civil case can move forward at the same time as the criminal proceedings. Many victims pursue both simultaneously.

In a criminal case, the state must prove guilt “beyond a reasonable doubt” – a very high standard. On the other hand, you only need to prove your claim by a “preponderance of the evidence,” which means it is more likely than not that the defendant is responsible. This lower burden makes it possible to win your civil case even if the criminal case results in an acquittal or no charges filed at all.

Evidence from the criminal case can strengthen your civil lawsuit. However, the outcome of the criminal case does not determine the outcome of your civil claim.

What compensation can I recover, and how do restitution and victim compensation work?

A civil lawsuit allows you to recover money for the full range of harm you have suffered. Here are the main types of compensation available in these cases:

• Medical expenses: This covers emergency room visits, surgical procedures, medications, rehabilitation services and ongoing treatment you will need in the future.
• Lost income: If your injuries caused you to miss work or reduced your ability to earn money, you can seek compensation for those lost wages and future earning capacity.
• Pain and suffering: This addresses the physical pain you endured and continue to experience as a result of the crime.
• Emotional distress: You may recover damages for anxiety, depression, trauma, fear and other psychological harm caused by the crime.
• Punitive damages: In cases involving especially reckless or intentional conduct, the court may award additional money meant to punish the wrongdoer and deter similar behavior in the future.

Beyond civil damages, Pennsylvania offers two other sources of recovery. Criminal court restitution is money the judge orders the offender to pay you directly as part of their sentence. The Pennsylvania Victims Compensation Assistance Program (VCAP) helps cover certain out-of-pocket expenses like medical bills, lost wages and counseling costs.

What are the deadlines to file a civil lawsuit?

The deadline depends on the type of claim you are bringing, who you are suing and your age when the crime occurred. In Pennsylvania, most personal injury claims must be filed within two years from the date the harm happened. This is called the statute of limitations, and missing this deadline can prevent you from recovering any compensation.

However, different rules apply in certain situations. Claims involving sexual assault often have longer filing windows, and victims who were children when the abuse occurred may have additional time to bring their case.

What if I do not know who attacked me, or the perpetrator has no assets?

You may still have a valid claim even if you do not know who hurt you or the attacker has no money to pay for damages. In many cases, other parties share responsibility for what happened to you. Property owners, businesses, employers, schools and hotels all have a duty to keep people reasonably safe. When they fail in that duty, they can be held accountable.

Furthermore, our attorneys will thoroughly investigate every angle of your case. Not knowing the attacker’s identity or facing a perpetrator with no money does not mean your case is over. It simply means we need to look beyond the individual who harmed you to find justice and compensation.

Will my identity and personal information be kept private?

In many situations, courts allow victims to file lawsuits using initials or pseudonyms instead of their full names. This is especially common in cases involving sexual assault or other sensitive crimes. Your attorney can request these protections when filing your case.

Court filings and documents may still contain some personal information, but your lawyer will work to limit what becomes part of the public record. Sensitive details about your medical treatment, counseling and the specifics of the crime can often be filed under seal, which means they will not be accessible to the general public.

I am not a U.S. citizen. Can I still seek justice?

Everyone who suffers harm due to someone else’s wrongdoing has the right to seek compensation through the courts, regardless of citizenship or visa status. In some situations, crime victims may qualify for special immigration relief, such as a U visa, which is available to victims of certain crimes who assist law enforcement.

How much does it cost to hire a lawyer, and what should I expect?

Most crime victim lawyers, including our firm, work on a contingency fee basis. This means you pay no attorney fees upfront and no fees at all unless we recover money for you. This arrangement allows you to pursue justice without worrying about how to afford an attorney while you are dealing with medical bills and other expenses.

In addition to attorney fees, there are costs associated with building your case, such as obtaining medical records, hiring investigators, consulting with security professionals and filing court documents. We will explain our fee structure and cost policies clearly during your initial consultation so you know exactly what to expect.

If you need further information, please call our office at 610-422-7041 or reach us by email. We represent clients throughout the West Chester and Pottstown areas.