Suing a nightclub for sexual assault can be intimidating. Here’s everything you need to know about how to sue a nightclub/bar for sexual assault.
To sue a nightclub for sexual assault you will sue for negligence or personal injury. It is the nightclub’s duty under the to ensure that visitors are kept safe from harm.
Contact a lawyer from Her Lawyer to assist you with your case.
What Is Negligence?
Negligence is a tort case and is when someone acts carelessly and falls below a reasonable standard of care.
What Are The Elements of Negligence?
The elements of negligence are duty, breach, cause, proximate cause, and harm.
In order to prove your negligence case you must establish that a legal duty existed, the defendant breached their duty of care, that you suffered an injury, and finally that the defendant’s breach caused your injury.
Steps To Sue For Sexual Assault
Step 1: Get Help
Make sure to receive medical treatment for the abuse. Any evidence collected at the hospital can help you win your case. If you are a victim of rape, a rape kit can be used to collect evidence. This must be done within 72 hours of the assault.
Related: Resources for Sexual Assault Victims in California
Step 2: Consult A Lawyer
It is important to consult a lawyer so that they can help you with your case. An attorney can provide you with insight into the process, as well as help give you an estimate of damages you might receive if you win your case.
Step 3: Gather Evidence and Review Medical Records
To prove negligence or personal injury, your attorney will gather evidence and review medical records. Your lawyer may interview you to know everything about the assault, your injuries, and the medical treatment that you had. Your lawyer will additionally collect all of your medical records and bills caused by the assault.
Step 4: Write A Demand Letter
Your lawyer will make a demand to the nightclub’s attorney or insurance company. Usually, it is important to wait until the end of medical treatment in order to recover as much compensation as possible.
Step 5: File The Lawsuit
Once filing the lawsuit at court, the litigation will start. It generally takes one to two years for a personal injury case to reach court.
Step 6: Discovery
During the discovery phase, each side will investigate the other. They will conduct interviews and search for additional information.
Step 7: Mediation and Negotiation
During mediation and negotiation, lawyers will try to reach a settlement, or a third-party mediator will try to resolve the case.
Step 8: Trial
If a settlement is not reached, the case will be scheduled for trial.
Step 9: The Court’s Decision
After trial, the court will decide who wins the case. If you win the case, you may be entitled to damages by the defendant.
Related: How to Report Sexual Assault in California
Types of Damages
These are the types of damages you can receive:
- Compensatory
- Aggravated
- General
- Punitive
- Special
- Statutory
FAQs About How to Sue a Nightclub for Sexual Assault
What Is The Average Payout For Personal Injury?
The average payout for personal injury ranges from $3,000-$25,000. A lawyer can give you an estimate of your case.
What Qualifies as A Personal Injury Case?
Personal injury cases are when an individual suffers harm due to someone else’s negligence/maliciousness. A negligent/malicious defendant may be legally responsible for the damage that has occurred.
Is It Hard To Prove Negligence?
Negligence can be easy or difficult to prove depending on the case. Hiring an attorney puts you in the best position to prove negligence.
Contact Her Lawyer
If you or a loved one is seeking to sue a nightclub for sexual assault, contact us! We’ll get you in touch with the most qualified lawyer for your needs and preferences. Get your free consultation with one of our experienced sexual assault attorneys for women in California!