Sexual Assault Injury Lawyers
Helping Survivors Seek Fair Restitution
The Rape, Abuse and Incest National Network (RAINN) defines sexual assault as any “sexual contact or behavior that occurs without [the] explicit consent of the victim.” Individuals who commit sexual assault not only face criminal consequences but also open themselves up to civil liability. Survivors of sexual assault have the right to bring lawsuits against perpetrators and seek financial compensation for their damages. This is true whether or not a perpetrator faces criminal charges.
At Potts Law Firm, we understand that nothing can undo the trauma of surviving sexual assault. However, we also believe that survivors deserve to have their voices heard. While no amount of financial compensation can negate the devastating impact of sexual assault, a fair settlement or jury verdict can provide much-needed financial relief and bring a sense of justice to survivors, allowing them to begin on the road to healing.
Continue reading to learn more about filing a civil sexual assault lawsuit, or contact us directly to speak to our sexual assault injury lawyers at no cost and with absolutely no obligation. We offer free and confidential consultations. Call (888) 420-1299 or reach us online to get started.
What Is Considered Sexual Assault?
As previously mentioned, any nonconsensual sexual contact or conduct constitutes sexual assault.
- Rape (forced penetration)
- Attempted rape
- Unwanted sexual touching, such as groping or fondling
- Forcing someone to perform sexual acts
Sexual assault is a type of sex crime. Other sex crimes include sexual harassment, possession of child pornography, and solicitation of a minor.
Consent is the key issue in sexual assault claims. If a sexual act occurs without the consent of all parties involved, the act is considered sexual assault.
Things to remember about consent include:
- Consent should be clear and enthusiastic
- Silence does not necessarily constitute consent
- Consent can be granted and taken away at any time, even during a sexual act
- An individual can change their mind about consenting to sexual acts
- A person may consent to certain sexual acts and not others
- Granting consent for past sexual acts does not guarantee consent for future sexual acts
- Certain individuals, such as minors and people with developmental disabilities, are considered unable to give consent under the law
- Individuals who are intoxicated or otherwise impaired may have limited ability to grant consent or may be unable to grant consent at all
Any time consent is not granted, or when consent cannot legally be granted, sexual acts cannot legally continue. Anyone who commits a sexual act without the expressed consent of the other person or people involved has committed sexual assault.
What Is a Sexual Assault Injury Claim?
A sexual assault injury claim is a civil lawsuit brought against someone who has committed an act of sexual assault. Though these are “injury” claims, it is important to note that not all sexual assault injuries are physical; a survivor may have a claim if they suffered physical, psychological, emotional, mental, or financial injuries as a result of sexual assault.
Sexual assault injury claims are separate from any criminal proceedings that may or may not occur. This means that, whether or not you press charges against the perpetrator, you could be able to file a civil lawsuit and seek compensation for your damages. “Damages” is a legal term that refers to the economic and noneconomic losses resulting from the incident.
Some examples of damages in sexual assault injury claims include:
- Medical expenses
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder (PTSD)
- Financial loss
At Potts Law Firm, our sexual assault injury lawyers fight for maximum compensation for their clients. We recognize that financial restitution cannot fully “compensate” survivors of sexual assault for the immense psychological trauma they have endured; the goal of civil litigation is, instead, to help survivors become “whole” again.
Call (888) 420-1299 or contact us online for a free, confidential consultation. We have multiple offices and serve clients nationwide.
It's All About Your RecoveryHear From Our Past Client's
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I highly recommend Adam and Potts Law Firm- Mary H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Your Rights After a Sexual Assault
Survivors of sexual assault have the right to report the incident to law enforcement and take legal action against perpetrators. Survivors also have the right to receive medical attention, including a medical evaluation, to determine and treat the physical effects of the incident.
At Potts Law Firm, we understand just how daunting it can be to take legal action after a sexual assault. Survivors often have numerous, extremely justifiable concerns when reporting these incidents. They may fear for their safety or be hesitant to report the act because the perpetrator was someone they knew. They may be unsure whether what they experienced constitutes sexual assault, or they may be worried that people won’t believe them.
Our compassionate attorneys and support staff are here to help you during this incredibly difficult time. Although reporting the incident and seeking justice can feel overwhelming, it may ultimately be one of the most empowering things you do for your recovery.
it's all about your best possible resultExplore our past successes
Transvaginal Mesh Settlements Over $1 Billion
The Potts Law Firm and its joint venture partners have been successful in resolving over $1 billion in transvaginal mesh settlements. Derek H. Potts was one of a handful of plaintiffs’ lawyers from around the country who spearheaded the establishment of what would become the largest medical device MDL consolidations in history.
Kugel Mesh Hernia Patch $184 Million
Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch.
ERISA Class Action Settlement $36 Million
Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.
Paraplegic Minor $12 Million
Derek H. Potts and Timothy L. Sifers obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.
Fraud Against Lender $10.7 Million
Potts Law Firm represented a United States Bankruptcy Trustee. The case stemmed from the massive bankruptcy of Royce Homes, one of the largest homebuilders in the country. Micah and Chris represented the bankruptcy Trustee against a multitude of defendants, including the chief Lender, for claims related to the homebuilder’s downfall and the fraudulent transfer of assets from the rightful owners, the creditors.
Birth Injury $4.6 Million
Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.
Hypoxic-Ischemic Birth Injury $3.5 Million
Partner Adam T. Funk secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section.
Fraudulent Transfers $2.42 Million
Potts Law Firm represented a Bankruptcy Trustee, resulting in a combined $2.42 million being recovered for creditors of ATP Oil & Gas Company. The claims related to fraudulent transfers of overriding royalty interests in oil & gas properties made by ATP in a failed attempt to liquidate the assets of the company.
Catastrophic Injuries $3.5 Million
Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.
Pharmaceutical Birth Defect $1.05 Million
Partner Adam T. Funk secured a $1,050,000 settlement for a mother whose infant suffered birth defects from a pharmaceutical drug that was taken during pregnancy. Though the migraine drug manufacturer knew the medication could cause a fetus to develop a cleft lip and/or cleft palate when consumed by the mother during the early stages of pregnancy, they failed to warn consumers about these dangers.