Apartment Sexual Assault: How Premises Liability Lawsuits Seek Justice

Considered one of the most heinous crimes, sexual assault can cause long-lasting mental, physical, and emotional damage. The emotional scars can last a lifetime, as many victims endure the debilitating symptoms of Post-Traumatic Stress Disorder (PTSD). When a victim experiences an apartment sexual assault, the emotional damage includes losing a sense of security because an intruder entered the victim’s home to commit the ultimate exploitation crime.  Not only is an apartment sexual assault a serious crime that can return a criminal verdict of life in prison without parole, but it also concerns another type of law practice called premises liability.

When you enter your apartment, you expect to come home to a safe place to live. The apartment owner or manager owes you a duty of care to ensure you receive protection from a wide variety of incidents that can cause severe injuries. From a defective handrail to a compromised security system, a negligent apartment owner or manager can face an apartment sexual lawsuit that seeks monetary damages. The key is to present persuasive evidence that proves the apartment owner or manager committed one or more acts of security negligence.

If you are a victim of an apartment sexual assault, you should contact one of the premises liability attorneys at Morgan and Morgan. For more than three decades, our team of premises liability lawyers has helped clients recover from the financial losses caused by an incident such as an apartment sexual assault. We have recovered more than $14 billion in monetary damages since 1988 for a wide variety of personal injury practices that include premises liability cases. Not only can you expect to receive the best legal support, but our litigators also help victims of sexual assault navigate the turbulent emotional issues that develop after a crime.

Schedule a free case evaluation today to learn more about how a premises liability attorney from Morgan and Morgan can help you fight back after an apartment sexual assault.

What Is PTSD?

PTSD represents a common medical condition that develops after someone goes through a traumatic event. Initially diagnosed in military veterans, the mental and emotional condition also impacts law enforcement personnel and the victims of violent crimes such as an apartment sexual assault. One research study published in Trauma, Violence & Abuse discovered more than 80 percent of all sexual assault victims experience PTSD symptoms one week after the assault.

Victims of apartment sexual assault can develop a large number of debilitating symptoms. Physical symptoms of PTSD include insomnia, chronic fatigue, migraine headaches, and aches throughout the body. The underlying cause of insomnia experienced by sexual assault victims is recurring nightmares that replay the sexual assault. However, physical symptoms of PTSD only scratch the surface of how much victims suffer from a sexual assault.

Constant acute fear and anxiety represent the two most common PTSD symptoms. The fear and anxiety can reach a severe enough level that a victim does not want to leave home for any reason, including work. Guilt is another common mental and emotional symptom that causes a victim to lose confidence in making even the easiest decisions. Many PTSD victims experience wild mood swings such as from unbridled shame to intense anger.

What Are Common Examples of Negligent Security at an Apartment?

When you rent an apartment, you expect management to implement security measures to keep you safe. However, far too many apartment owners and managers tap into the security budget first when a complex experiences a financial crunch. The result is diminished security measures that place tenants in harm’s way.

Lack of security cameras and poorly maintained security cameras are two of the most common examples of negligent security at apartments. Savvy criminals exploit the diminished security system by entering apartments where there is no camera coverage. Apartment complexes that hire security personnel to patrol the property typically experience less violent and property theft crimes. Inadequate lighting, especially in hallways and the complex parking lot, encourage criminals to take more chances than normal. The lack of security phones makes it difficult for a tenant to report suspicious activities, as well as crimes in real-time.

Apartment security systems often require tenants to punch in a code to enter a building. When the security code system fails, a criminal can simply walk in the front door to find the most vulnerable tenant. Failing to replace and maintain locks allows unwanted visitors to enter apartment buildings at any time during the day and night. Compromised windows make it easy for criminals to enter apartment buildings, which permits them to bypass the front entrance to a building.

What Is the Process for Handling the Aftermath of an Apartment Sexual Assault?

After a sexual assault, the first few steps to take cover both criminal charges and the filing of an apartment sexual assault lawsuit. Towards the end of the process, the two types of law diverge when you contact one of the experienced premises liability attorneys at Morgan and Morgan.

Call 911

As a victim of a violent crime, the first step to take after an apartment sexual assault is to call 911 for emergency law enforcement services. A team of police officers, detectives, and medical investigators should arrive at the scene of the crime within minutes after you contact law enforcement. You can expect to answer several questions before an ambulance takes you to the nearest hospital for emergency medical care.

Getting Medical Attention

The team of healthcare providers at the hospital puts you through a series of comprehensive tests to determine the extent of your physical injuries. In addition to receiving medical care, the team of medical investigators from the law enforcement agency that responded to your call for help gathers physical evidence with the help of a rape detection kit. While you receive medical care, the law enforcement personnel at the scene of the apartment sexual assault collect and organize evidence that goes into the formal police report.

Contact a Premises Liability Attorney From Morgan and Morgan

This is the point of the process when your case splits into two different types of law. The local District Attorney handles the criminal charges filed against the suspect or suspects that harmed you. If the suspect or suspects remain at large, then the law enforcement agency responsible for investigating your case keeps you informed about the progress made. During this time, you should contact one of the state-licensed premises liability lawyers at Morgan and Morgan to determine whether the apartment owner and/or manager committed one or more acts of negligence.

Send the Defendant a Demand Letter

Before you meet with a Morgan and Morgan premises liability attorney for a free case evaluation, the lawyer assigned to your case reviews the formal police report, as well as examines all the physical evidence. By this time, the attorney assigned to your case should have interviewed most, if not all of the witnesses. If you decide to file a civil lawsuit that seeks monetary damages, your legal counsel will draft a demand letter to be sent to the legal representative of the defendant. The demand letter contains a detailed account of what transpired during the apartment sexual assault, as well as includes a value for the compensation sought to recover financial losses.
Your attorney explains in the demand letter how the lawyer calculated the value for compensation.

Negotiate a Favorable Settlement

Most personal injury cases do not reach the trial phase of the litigation process. Instead, both parties try to reach a financial settlement by participating in negotiations. The Morgan and Morgan attorney assigned to your case submits an offer, which the defendant’s lawyer can either accept, reject, or send back with a counteroffer. Your litigator either accepts or rejects the counteroffer. If your lawyer rejects the counteroffer, then the negotiations continue with counteroffers submitted until either both parties agree to a settlement or they decide to take the case in front of a civil court judge.

How Much Time Do I Have to File an Apartment Sexual Assault Lawsuit?

The judicial system requires plaintiffs to file civil lawsuits that seek monetary damages before the end of the statute of limitations. Each state sets a deadline for filing a civil lawsuit, with most states establishing a deadline between two and four years. However, some states have gone as high as six years and as low as one year for establishing a statute of limitations for premises liability lawsuits. The clock starts ticking for your lawsuit on the day of the apartment sexual assault.

Your attorney is responsible for ensuring that you file a civil lawsuit before the expiration of the statute of limitations. You can expect the lawyer that you hire from Morgan and Morgan to act with a sense of urgency for two important reasons. First, you should try to recover from financial losses as quickly as possible after the apartment sexual assault. Medical bills pile up rapidly and if you do not start paying the bills down, you might find yourself in a deep financial hole. Second, your premises liability attorney needs to interview witnesses as soon as possible after the crimes to ensure obtaining the most accurate information.

If you fail to meet the deadline for filing a premises liability lawsuit, you can expect the court clerk to dismiss your case.

What Are the Types of Monetary Damages for a Premises Liability Lawsuit?

The types of monetary damages awarded for a premises liability case are the same as they are for other types of personal injury cases.

Your attorney asks for economic damages, which cover the costs associated with medical bills, property damage, and lost wages. The cost of diagnostic tests, treatment programs, and physical therapy sessions can exceed $10,000. You also have the right to ask for compensation to pay for prescription medications and the use of an assistive device such as a sling.

Calculating the value of non-economic damages, particularly for an apartment sexual assault lawsuit, might be difficult to do. The long-term negative impact of mental and emotional problems makes it hard to decide on a value for pain and suffering. Your lawyer refers to a formula that includes the value of economic damages. However, unlike most personal injury cases, the value of non-economic damages can exceed the value of economic damages because of the high cost of living with negative emotions.

A judge awards punitive damages in an apartment sexual assault case to punish the owner and/or manager for committing one or more acts of negligence. The awarding of punitive damage also encourages the apartment owner and/or manager to take the steps required to ensure the safety of every tenant.

Schedule a free case evaluation with one of the premises liability attorneys at Morgan and Morgan to devise a successful litigation strategy.