Atlanta, Georgia Violent Crime Victims: Recovery of Civil Damages


October 17, 2010

A person who is the victim of a violent crime, including assault, battery, rape and sexual assaults can suffer serious physical injuries and long-term emotional distress. A crime victim who is injured by a violent attack or sexual misconduct of another person may be able to bring a claim for compensation for one's injuries against one's attacker. A case based on an intentional attack may seem like an easy legal matter to pursue because there is usually no debate about the defendant being "at fault."

Such cases are not necessarily as straightforward as they might seem because other obstacles may apply that create challenges, such as, identifying a defendant who has the ability to pay a judgment and proving the extent and cause of one's injuries. At Montlick and Associates, Attorneys at Law, we have been representing the victims of crimes who are seriously injured throughout the State of Georgia for over 25 years. If you are a crime victim, contact Montlick and Associates, Attorneys at Law, for your free consultation and learn about your rights.

Anyone from the Atlanta area or the surrounding area knows that the prospect of being a victim of a violent crime is a reality supported by statistical crime data. The Atlanta violent crime rate is triple the national average per hundred thousand people. Typical annual violent crime figures paint a more complete picture:

• Atlanta Murders: 110

• Atlanta Rapes: 171

• Atlanta Robberies: 2,959

• Atlanta Aggravated Assaults: 4,308

• Total Violent Crimes: 7,548

These numbers are even more alarming when one considers that they only include crimes classified as "violent crimes," which does not include many types of sex crimes such as sexual assault, child molestation and similar crimes. The statistics also apply only to Atlanta proper and do not take into account crime victims throughout the State of Georgia. As unpleasant as the thought may be, anyone in the Atlanta area or elsewhere in the state faces a real prospect of being the victim of a crime including a physical attack or sexual misconduct.

While proving fault is not generally difficult in a case involving a criminal act, identifying a defendant with the ability to compensate the victim can be a challenge. Crime victims often suffer at the hands of a person who lacks the means to pay a judgment and may be involved in a lengthy criminal case. A personal injury claim that arises out of a criminal act usually should not be pursued until after the criminal case has been resolved. The uncertainty of recovering from a person facing state prison and the delay posed by a pending criminal prosecution can mean stress and financial hardship. At Montlick and Associates, Attorneys at Law, we know that in addition to the perpetrator of your attack it may be important to find other parties who contributed to your injuries, such as a business that provides insufficient security measures despite knowledge that it is a high crime area. In many occasions the other parties that might be identified are in a better position to pay a settlement or judgment and have insurance.

There are many types of criminal acts that can cause serious injuries including traumatic brain trauma. In fact, assaults account for 11% of all traumatic brain injuries annually. Other serious injuries that can be the result of a violent or sexual crime include broken bones, head injuries, spinal chord injuries and paralysis, permanent disfigurement, and even death. Crime victims face enormous emotional trauma along with their physical injuries and may need years of counseling and mental health services.

Victims of sexual assaults can also suffer serious injuries not to mention devastating emotional scars. A few statistics demonstrate the severe toll that a sexual assault can take on a victim:

• Sexual assault victims are four times more likely to consider suicide

• Victims of sex crimes are 13 times more likely to abuse alcohol and 26 times more likely to abuse drugs

• Those who suffer a sexual assault are three times more likely to suffer from depression

At Montlick and Associates we have been assisting violent crime victims and the victims of sexual assault for many years. We know that the anxiety and fear that comes with being victimized by such a crime can make it difficult to seek help. Our compassionate team of Georgia violent crime victim attorneys represent many crime victims just like you in the greater Atlanta area and throughout the State of Georgia. We are available to assist clients throughout all of Georgia including, but not limited to, Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com. No matter where you are in Georgia, we are just a phone call away, and we will even come to you.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.