Philadelphia Sexual Abuse Attorney
Sexual abuse cases are some of the most difficult and painful that any client can experience. However, the Philadelphia injury attorneys at Ciccarelli Law Offices, promise to fight for our clients no matter what their cases entail. Sexual abuse cases are no exception. If you’ve been the victim of sexual abuse, we know opening up feels difficult or impossible. We promise that if you work with us, we will ensure your case is heard and you are treated with justice and compassion. A team devoted to our clients and their families when the victim of sexual abuse in Pennsylvania and Arizona. Our team has offices in Philadelphia, West Chester PA, Lancaster PA and Phoenix Arizona to pursue personal injury claims on behalf the victims of sexual abuse.
Why Ciccarelli Law is the Best Choice for Your Sexual Assault Lawsuit
Sexual assault is a traumatic and life-altering experience that no one should ever have to experience. Sadly, it is an all-too-common occurrence in today’s society, and many survivors struggle to find the justice they deserve. That’s where Ciccarelli Law comes in. With years of experience and a team of dedicated professionals, we are here to help you navigate the complex legal system and fight for your rights. In this blog post, we’ll explore why Ciccarelli Law is the best choice for your sexual assault lawsuit.
- Experienced Team
At Ciccarelli Law, we have a team of experienced attorneys who are committed to providing the highest quality representation for our clients. Our attorneys have years of experience in sexual assault cases and are well-versed in the legal and emotional complexities of these cases. We know that every case is unique, and we work tirelessly to ensure that our clients receive the personalized attention and care they need to navigate the legal process.
- Comprehensive Support
We understand that sexual assault can have lifelong impacts on survivors and their families. That’s why we offer comprehensive support for our clients, including access to mental health resources, support groups, and crisis counseling. We believe that it is essential to provide our clients with not only legal support but emotional and mental health support as well.
- Dedicated to Justice
At Ciccarelli Law, we are dedicated to justice for survivors of sexual assault. We strongly believe that everyone has the right to a safe and respectful environment and that perpetrators should be held accountable for their actions. We are committed to fighting for our clients’ rights and ensuring that they receive the compensation they deserve.
- Proven Results
We have a proven track record of success in sexual assault cases. Our team has secured millions of dollars in compensation for our clients and has helped countless survivors achieve justice. We are confident in our ability to navigate the legal system and fight for our clients’ rights.
- Personalized Care
At Ciccarelli Law, we understand that every client has unique needs, and we work closely with our clients to create a personalized legal strategy that takes into account their individual goals and concerns. We understand that sexual assault cases can be emotionally draining and overwhelming, and we strive to provide our clients with compassionate and attentive care throughout the process.
If you or a loved one has experienced sexual assault, it can be challenging to find the help and support you need. At Ciccarelli Law, we are here to help you navigate the complex legal system and fight for your rights. With years of experience, a dedicated team of attorneys, and a commitment to justice, we are confident that we can help you achieve the results you deserve. Contact us today to learn more about how we can help with your sexual assault lawsuit.
Will Lee Ciccarelli & his Team of Plaintiff’s Injury Lawyers take my Sexual Abuse Injury Claim where I live?
Lee Ciccarelli and his team provide a free case evaluation to discuss your rights and options and whether they are in a position to take your case on a Contingency Fee (No Recovery/No Fee basis). We cannot take every case and must make a fair determination of the strength of each case and we consider and prosecute injury claims against employers, hotels, businesses and entities throughout Pennsylvania including the greater Philadelphia metro area, West Chester (Chester County), Media (Delaware County), Norristown (Montgomery County), Doylestown (Bucks County), Reading (Berks County), Harrisburg (Dauphin County), Allentown (Lehigh County), Easton (Northampton), Lancaster and Lebanon. Contact us now for a free case evaluation.
Sexual Abuse Statistics
Because of the stigma attached to sexual abuse and its highly personal nature, these crimes were not openly discussed for decades, even centuries. Yet they are more common than most of our clients believe.
According to the Pennsylvania Coalition Against Rape, of the 23,000 responders to a recent university study, one in five had been sexually abused during college. Of those students, 28% identified as transgender. The study showed that sexual assault rates are higher among students who identify as part of the LGBTQ community. No one is exempt, though; the study found that people across genders, orientations, races, religions, and disabilities were affected.
One of the most tragic parts of sexual abuse cases is how often they go unreported. According to the Rape, Abuse, and Incest National Network (RAINN), only 32% of rapes across the United States are ever reported, and only two rapists of 100 will see a single day of jail time. In the last five years, 68% of sexual assaults, on average, were never reported.
Signs and Symptoms of Sexual Abuse
In many cases, victims will not report sexual abuse out of fear, or because of the social stigma attached to being a sexual assault victim. Children and teens are especially vulnerable. Perhaps the perpetrator has threatened them or their family, or they fear they will not be believed. In other cases, the victim may unconsciously repress incidents of sexual abuse. If you suspect sexual abuse in a loved one, or suspect you, yourself, have repressed it, look for these signs and symptoms.
- Unexplained nightmares or sleep problems
- Refusal to eat/changes in eating habits
- Mood swings
- Sudden avoidance of certain places or people
- Physical signs such as bruising, trouble swallowing, or marks
- Thinks of their body as “dirty” or “bad” and expresses this
- Seems depressed/cries or becomes angry more frequently
- Suddenly has toys, money, or gifts and will not tell where they came from
- Speaks of sex in an unusually mature way/engages in mature sexual behavior
- Increased, seemingly unwarranted anxiety or fear
- Anger and depression
- Fear of or loss of interest in sex
- Avoidance of certain people or places/communicates the desire not to see them
- Sleep problems
- Compulsive eating, dieting, or similar behaviors
- Suicidal thoughts and actions
Additionally, note that some adults and children may be unable to communicate experiences because of disabilities or other vulnerabilities. In these cases, look for the above signs, as well as regressive behaviors, resistance to doctors’ exams, difficulty walking and sitting, or refusal to deviate from routine.
Can I Sue For Sexual Abuse In Pennsylvania?
Individuals most certainly can file a lawsuit in civil court against alleged perpetrators of sexual abuse. Many people think sexual abuse claims revolve squarely in the Criminal Court system in Pennsylvania. While it is true that prosecutors can and do bring charges against individuals for various types of sexual abuse or rape, that does not prevent victims of abuse from filing lawsuits in civil court directly against the perpetrator. Individuals can file their claim regardless of whether or not a person faces criminal charges for sexual abuse. Additionally, a civil lawsuit can be filed and successful even if a person is found not guilty of sexual abuse. The key is that the perpetrator is almost always judgement proof, so the most successful route is to make a claim against the business, entity, company or employer who negligently allowed the perpetrator to have access to you.
What is Negligent Hiring in Pennsylvania and What Kind of Claims Can Be Made?
Negligent hiring is a crucial area of employment law, particularly in Pennsylvania. In this state, victims of negligent hiring can sue employers for any improper hiring practices that led to injuries or losses. Simply put, employers have a responsibility to hire safe and qualified employees, but when they fail to do so, they can be held liable.
If you think you’ve been a victim of negligent hiring in Pennsylvania, it’s essential to understand what it is and the types of claims you can make. In this blog post, we’ll explore what constitutes negligent hiring, the different types of claims you can make, and what you can do if you’re a victim of it.
What is Negligent Hiring?
Negligent hiring occurs when an employer hires someone without proper background checks, job references, or work history. They must provide a safe working environment, and hiring someone without proper background checks can put other employees at risk. Employers can also be liable if they retain an employee who is dangerous or unfit for their job after finding out that they pose a risk.
Types of Claims in Negligent Hiring Cases
There are several types of claims that one can make if they are a victim of negligent hiring. Here are the most common types:
- Claims of physical injury or harm caused by the employee’s conduct
- Claims for negligent supervision
- Claims of emotional distress
- Claims for lost wages and benefits
- Claims for wrongful termination
If you’ve been a victim of negligent hiring, it’s crucial to consider what type of claim is best suited for your case. A personal injury lawyer who is experienced in handling negligent hiring cases can help you identify the best approach and work with you to build a winning case.
What to Do if You’re a Victim of Negligent Hiring
If you believe you’ve been a victim of negligent hiring, the first step is to consult with an experienced personal injury lawyer. They will analyze your case, determine if you have grounds for a claim, and advise you on the next steps.
You must also gather any evidence that supports your case, such as employee records, witness statements, and police reports. Bring all of this evidence to your lawyer and let them evaluate it.
In Pennsylvania, negligent hiring cases can be challenging to navigate. But with the right legal representation, it’s possible to recover damages and hold employers responsible for their improper hiring practices. Ensure that you’re well-informed about this area of employment law and work with an experienced attorney who can help you build a strong case. Remember that it’s a legal right to work in a safe environment, and employers have a duty to provide that. Never hesitate to take legal action if you’ve been a victim of negligent hiring.
Personal Injury Suits in Pennsylvania Arising Out of Sexual Assault: Understanding the Process
Sexual assault is not only a heinous crime, but it can also lead to long-term physical, psychological, and emotional impacts. It is a traumatic experience that can leave victims feeling helpless and lost. Although the law aims to provide justice and hold assailants accountable, the process can be daunting, and the victim may feel like their voices are not being heard. In this blog, we will discuss personal injury suits in Pennsylvania that arise out of sexual assault, and examples of how these suits can help victims receive compensation for the damages caused.
- Types of Personal Injury Claims for Sexual Assault
Personal injury claims are filed under tort law, where victims can seek compensation for damages caused by the assailant. Here are some of the types of personal injury claims that can be filed in Pennsylvania:
- Assault and Battery – This involves intentional physical contact with the victim, such as hitting or touching, without their consent.
- False Imprisonment – This involves forcibly restraining the victim against their will, either physically or through coercion.
- Intentional Infliction of Emotional Distress – This is where the assailant intentionally causes the victim extreme emotional distress due to their actions.
- Statute of Limitations for Personal Injury Claims
It is essential to file the claim within the statute of limitations to ensure that it is valid in court. In Pennsylvania, the statute of limitations for personal injury claims arising out of sexual assault is two years from the date of the incident. However, there are exceptions to this rule, such as if the victim is a minor or if the perpetrator is a government official.
- Examples of Sexual Assault Personal Injury Claims in Pennsylvania
Here are some of the personal injury claims for sexual assault that received compensation in Pennsylvania:
- In 2012, a woman received a settlement of $45 million after she was incarcerated in a Philadelphia jail and sexually assaulted by guards.
- In 2019, a jury awarded $34 million to a victim who was sexually assaulted by her teacher in Lower Merion School District.
- In 2020, Penn State University paid $17.5 million to settle claims made by victims of convicted ex-football coach Jerry Sandusky.
- Importance of Hiring a Personal Injury Lawyer
The process of filing a personal injury claim can be overwhelming, especially for someone who has experienced sexual assault. A personal injury lawyer can help the victim understand the laws, file the claim within the statute of limitations, obtain evidence, and negotiate with insurers. The lawyer can provide the necessary support and help the victim receive fair compensation for their physical, emotional, and financial damages.
Personal injury suits in Pennsylvania arising out of sexual assault can help victims receive compensation for the damages caused by assailants. Victims should file a claim within the statute of limitations and seek the help of a personal injury lawyer to ensure that their claim is valid in court. Although the process can be challenging, it is essential to hold the perpetrator accountable for their actions and receive justice for the victim. If you are a victim of sexual assault and need legal assistance, consult an experienced personal injury lawyer to know your options and receive the necessary support.
Should I Sue a Rapist’s Employer for Putting me in an Unsafe Situation?
Sexual assault, rape, and harassment in the workplace are a shocking reality for many women globally. While it’s essential to hold the offender accountable for their conduct, many forget the role of their employer’s responsibility to maintain a safe working environment. In some cases, an employee may even be responsible for a co-worker’s misconduct. This begs the question, should you sue the rapist’s employer for putting you in an unsafe situation? This blog post is dedicated to providing you with insight into what the law states on this issue, and your options moving forward.
To sue or not to sue is not a straightforward question and is dependent on a set of specific circumstances. The first thing to consider is whether or not the employer was aware of the danger posed by the offender. If they were not aware of the danger and did all within their power to ensure that their employees’ safety was paramount, then they may not be held responsible. However, if an employer knew that an individual posed a threat and failed to report it or take action, there might be grounds for a lawsuit. In this latter scenario, the victim has the right to seek compensation for any physical or emotional harm, loss of wages, and other expenses incurred as a result of the assault.
The second factor one should consider is whether or not the employer had a duty of care towards the victim. Under generally accepted tort principles, an employer has an obligation to take reasonable care to prevent their employees from getting harmed. An employer breaches their duty to provide safety if they knowingly or negligently allow an employee to harass, assault, rape, or otherwise act inappropriately towards another employee.
It’s worth noting that suing an employer for rape or any form of sexual harassment is not the only available course of action. If HR is unresponsive or a victim is unsatisfied with their company’s response, police reports and investigations can be used to hold rapists criminally and civilly accountable. A civil lawsuit prompts employers to take appropriate remedial measures to address the hostile work environment created. A civil lawsuit also puts other meditative compensatory measures in place like earth-hours, sick leave, emotional therapy, and any other resources the survivor might need to get back to their pre-trauma self.
Understandably, an employer’s failure to provide a safe and secure environment is despicable and can have detrimental and life-long effects on an individual. Sometimes, the only way to obtain compensation or justice is to sue the culprit’s employer. However, the decision to file a lawsuit should be made after careful deliberation and under the guidance of an experienced attorney. Speak to someone who can help you understand your legal options, which legal path is the right fit for your specific case, and help you obtain the necessary justice. Remember, you are not alone, and your voice and experiences matter. You deserve to feel safe in your workplace, and you have the right to seek just compensation for any violations of that right.
Pennsylvania Law: Holding Companies Liable for Hiring Employees with History of Violence or Sexual Misconduct
Cases of sexual violence and abuse in the workplace have been rampant in the past few years. These issues have brought to light the need for tighter laws to hold companies and organizations liable for the conduct of their employees. Pennsylvania is one of the states to approach this issue by instituting laws that penalize businesses that hire employees with a history of violence or sexual misconduct. In this blog post, we explore Pennsylvania laws on holding companies responsible for monetary damages for pain and suffering if they hire someone with a background of such behavior.
Pennsylvania state laws advocate for a safe working environment and workplace protections for the employees. The state recognizes the negative consequences of hiring employees with a history of violent or sexually abusive behavior, not only to the victim but also to the business. In Pennsylvania, an employer can be held liable for negligent hiring if they knew or should have known that an employee had a propensity for committing violent or sexually offensive acts. Negligent hiring is when an employer fails to do a job-related background check, which results in an employee causing harm to a third party, such as a co-worker, customer, or client.
Pennsylvania law provides that companies and organizations have a legal responsibility to take sensible actions towards preventing workplace abuse and harassment. In addition, it is the employer’s responsibility to provide a healthy working environment for their employees. However, if a company fails to carry out its responsibility and hires someone with a history of violence or sexual misconduct, they may be held accountable for resulting injuries or damages. A victim may recover monetary damages to account for their physical and emotional distress, among other related losses.
Pennsylvania law stipulates that victim can recover damages for loss of salaries, unjust loss of livelihood, medical expenses, pain, suffering, and humiliation resulting from the defendant’s actions. In cases where an employer knowingly hires an employee with a history of violence or sexual misconduct, the victim may be awarded punitive damages. Punitive damages are awarded to punish the employer financially for their actions, discourage their behavior, and serve as a warning to others.
Pennsylvania law does not only hold employers accountable for knowingly hiring employees with a history of violence or sexual misconduct. Employers are also held accountable for their actions when they learn about misconduct by an employee. Employers who fail to take steps to protect their employees from abusive behavior may be held responsible for their actions or inaction. Victims can sue their employer for their negligent actions, and the employer can be held responsible for the employee’s actions under respondeat superior, which means an employer is liable for their employees’ wrongful actions.
Pennsylvania law provides that companies and organizations have constitutional duties to keep their employees safe from workplace abuse and harassment. Employers have a legal obligation to provide a healthy working environment, and when they hire employees, they have to conduct reasonable background checks. If they fail to carry out these responsibilities and end up hiring someone with a history of violence or sexual misconduct, they can be held financially responsible for resulting injuries or damages. Pennsylvania law has taken a strong stance on the issue, ensuring that victims can hold employers liable for negligent hiring as well as their negligent actions or inaction. It is essential that companies understand that they play a vital role in preventing workplace violence and harassment and that failure to do so could be extremely costly.
Can Employers in Pennsylvania be Held Civilly Responsible for Employee’s Rape Charges
As cases of sexual harassment and assault continue to grab headlines, more people are holding employers accountable for the actions of their employees, including rape charges. But can employers in Pennsylvania be held liable for their employees’ alleged criminal actions? This question has been the subject of many debates in recent times, and rightfully so.
The answer varies depending on the circumstances of the case. However, the law allows for a rape victim to possibly hold an employer responsible under certain legal theories. In this post, we will explore the possible legal theories and scenarios under which an employer could be held civilly responsible for an employee’s rape charges in Pennsylvania.
When an individual experiences a sexual assault or rape in a place of business or related to a work assignment, the employer could potentially be held responsible. The employer may be considered negligent if they didn’t take reasonable actions to ensure the safety of their employees.
One way an employer may be considered liable is if the victim can prove that the employer knew or should have known that the employee had a history of dangerous behavior, but failed to take proper action. For example, in a scenario where an employee is accused of sexually assaulting a co-worker, and the victim can prove that the employer was aware of the employee’s past sexual harassment or assault allegations, the employer may be held liable for not taking appropriate action to prevent the incident.
Another situation in which an employer may be considered liable is if the employer created or contributed to a work environment that was hostile. It’s important to note that this doesn’t only apply to physical harassment in the workplace, but can also include the spread of rumors or malicious gossip about an employee. If it’s proven that the hostile work environment created was the cause of the alleged rape, the employer could be held liable.
Finally, Pennsylvania laws do not limit employer liability to merely those employees who are engaged in direct rape or sexual assault. Any involvement an employee may have had in facilitating the rape could also lead to employer liability. This could include actions such as knowingly providing drugs or alcohol that impaired the victim or assault perpetrator or knowing that a workplace was unsafe due to inadequate security.
While the law in Pennsylvania does not mandate employer liability in all cases, it is important for employers to recognize their duty to provide a safe workplace. Employers who fail to provide a safe workplace environment, who refuse to implement policies and procedures designed to protect their employees, or who are aware of a dangerous activity but don’t take any action can potentially be held responsible for the harm caused by such actions. In summary, employers cannot be held criminally liable for the alleged rape of their employees, but they could face civil liability if they failed to act reasonably in matters of providing a safe working environment.
Understanding Pennsylvania Law on Liability of Bars and Hotels for Injuries Caused by Employees with a History of Violence or Sexual Misconduct
Injuries caused by employees of bars or hotels can be devastating and traumatic, especially if the employee has a history of violence or sexual misconduct. In the state of Pennsylvania, victims of such incidents may be entitled to seek damages for their pain and suffering from the establishment where the incident occurred, but this process is not always straightforward. In this blog post, we will explore the details of Pennsylvania law regarding the liability of bars and hotels in cases of employee-inflicted harm.
Pennsylvania state law holds bars and hotels liable for injuries caused by their employees under certain conditions. First, it must be proven that the employee has a history of violent or sexually inappropriate behavior, and that this history was either known or should have been known by the employer. Second, that the employer failed to take reasonable steps to prevent the harm from occurring, such as implementing background checks or taking disciplinary action against the employee. Finally, that the harm was caused by the employee acting within the scope of their employment, during work hours or while on the job.
Establishments that serve alcohol, such as bars or restaurants, have an additional layer of responsibility under Pennsylvania’s dram shop laws. These laws hold establishments liable for harm caused by an intoxicated customer if they served alcohol to that person while knowing or having reason to know they were visibly intoxicated. However, this liability does not extend to harm caused by the establishment’s own employees.
It is important to note that damages for pain and suffering in these cases are not always easy to obtain. Pennsylvania courts have generally been conservative in awarding these types of damages, and it must be shown that they are warranted based on the severity of the harm and the culpability of the employer. Additionally, Pennsylvania’s Workers’ Compensation Act provides some protections for employees who cause harm while on the job, which can limit the liability of their employers.
If you have been injured by an employee of a Pennsylvania hotel or bar and believe the establishment may be liable, it is important to seek the guidance of an experienced attorney. Your attorney can help you gather evidence, assess the strengths and weaknesses of your case, and navigate the court system to seek the compensation you deserve.
Pennsylvania law provides options for seeking damages from establishments that employ individuals with a history of violent or sexually inappropriate behavior. However, the process of obtaining these damages can be complex and challenging. By understanding the specifics of the law and working with an experienced attorney, victims can increase their chances of receiving appropriate compensation for their pain and suffering. If you have been injured by an employee of a bar or hotel, don’t hesitate to seek out the support you need to get the justice you deserve.
Holding Hotels Responsible for the Actions of their Employees in Pennsylvania
Staying in a hotel should provide a sense of safety and comfort for guests. However, what happens when an employee of a hotel commits an act of violence against a guest? In Pennsylvania, hotels have a responsibility to properly screen their employees and maintain a safe environment. But can a hotel be held responsible if they fail to meet these obligations and a guest suffers harm as a result?
Background on Hotel Responsibility in Pennsylvania
In Pennsylvania, hotels have a duty to use reasonable care to protect their guests from harm caused by the criminal acts of third parties. This includes screening employees and contractors to ensure they are fit for employment and do not pose a threat to the safety of hotel guests. Additionally, hotels must take reasonable steps to prevent foreseeable criminal activity on their premises. This includes providing adequate locks, lighting, security personnel, and monitoring systems.
When Can a Hotel Be Held Liable for an Employee’s Actions?
Hotels can be held liable for the criminal acts of their employees if they knew or should have known that the employee posed a risk to guest safety. For example, if an employee had a history of violent behavior or criminal activity, and the hotel failed to investigate or take appropriate action, the hotel could be held responsible for any harm the employee causes. Similarly, if the hotel fails to properly secure its premises or take appropriate security measures, and a guest is assaulted as a result, the hotel could be held liable for the damages.
What To Do If You Are Assaulted in a Hotel
If you are assaulted by a hotel employee, it is important to seek medical attention immediately and contact the police. You should also contact an experienced personal injury attorney to discuss your legal options. The attorney can help investigate the incident and determine if the hotel should be held responsible for the actions of its employee. If the hotel is found to be liable, you may be able to recover compensation for damages, including medical expenses, lost wages, pain and suffering, and more.
Preventing Hotel-Assisted Assaults
While hotels have a responsibility to maintain a safe environment for their guests, there are steps you can take to protect yourself from hotel-assisted assaults. Always be aware of your surroundings and avoid isolated and dimly lit areas. When entering and exiting the hotel, be sure to lock your doors and windows and use the main entrance. If you are traveling alone, consider using a door wedge or security alarm to alert you if someone tries to enter your room.
Hotels in Pennsylvania have a responsibility to maintain a safe and secure environment for their guests, including properly screening employees and contractors. If a hotel fails to meet these obligations and a guest is assaulted as a result, the hotel could be held liable for damages. If you are assaulted in a hotel, seek medical attention and contact an experienced personal injury attorney to discuss your legal options. Additionally, take steps to protect yourself from hotel-assisted assaults by being aware of your surroundings and taking appropriate security measures.
Can You Sue a Pennsylvania Hotel for Privacy Invasion by a Criminal Employee?
Going to a hotel means that we’re entrusting our safety and privacy to the staff working there. There’s an expectation that hotels will always have the highest levels of safety and regulations for the protection of their guests. However, this doesn’t always go as planned and an employee with a criminal history can compromise the protection of hotel guests’ privacy. As guests, if your privacy is invaded by a hotel staff member, it can be a daunting situation and one may wonder if they can sue the hotel for an invasion of privacy in Pennsylvania. In this post, we’ll explore whether you can sue a Pennsylvania hotel and uncover the possible reasons for doing so.
Various laws protect the privacy rights of a guest from hotel staff in Pennsylvania, and they come under two categories: statutory rights and common law rights. Statutory rights are those established through legislation whereas common law rights are those that have been developed through case decisions. Pennsylvania law provides various civil remedies to protect guests from infringement, including monetary damages, court orders or injunctions, and other related relief.
Individuals with criminal backgrounds can work in hotels, and it is up to the hotel to conduct the necessary due diligence and background checks to make sure that the employee does not pose a threat. If the hotel’s management fails to perform a background check and permits an employee with criminal records to keep their job, they have breached their duty of care, and this breach of duty makes it easier for a plaintiff to sue the hotel for privacy invasion.
The Pennsylvania Invasion of Privacy Act (Pa. Cons. Stat. Ann. § 7507) provides a civil remedy for recovery against any person who intrudes on a person’s private affairs. This act prohibits the unauthorized recording, interception, or disclosure of oral or wire communications and could also potentially cover the invasion of the security of the hotel room. An invasion of privacy in a hotel room could occur through covert surveillance, hidden cameras or microphones, or any other tactic used to capture private information.
The hotel may be held responsible for failing to keep their guests safe, and this could lead to monetary damages if a plaintiff is successful in proving that their guest privacy has been invaded by a hotel employee. This means that the hotel may be liable for the actions of their employees if they acted negligently in the hiring process or failed to exercise reasonable care.
In conclusion, you can sue a Pennsylvania hotel for privacy invasion by an employee with a criminal background if the hotel failed to perform a background check that led to the breach of their duty of care. The conflict between a guest’s expectation of privacy and the harm that can result from an invasion of that expectation is not a new issue. Pennsylvania courts recognize this and view the invasion of privacy as an action that requires judicial intervention if necessary. As a hotel guest, you have an expectation of privacy and safety while staying at a hotel, and it is the hotel’s responsibility to ensure that their employees do not breach this expectation by spying or sharing your private information. If you believe that your privacy rights have been infringed upon by hotel employees in Pennsylvania, you should seek the legal advice of a qualified attorney.
Statute of Limitations For Sexual Abuse Cases
For all types of civil cases, there are statutes of limitation that outline how long individuals have to file lawsuits against another individual. This is true for personal injury claims, and it is true for sexual abuse cases.
In 2019, Pennsylvania made changes to the statute of limitations for sexual abuse cases in the Commonwealth. Those who sustained sexual abuse when they were children have until they turn 55 years of age to bring their claims to court. Individuals between the ages of 18 and 24 who sustained sexual abuse can bring their lawsuit against an alleged abuser at any point until they turn 30 years of age.
However, the new statute of limitations does not apply to all claims of sexual abuse. If the abuse occurred before these extensions were established, individuals will have to follow the rules in place when the abuse occurred. Additionally, individuals who are over the age of 24 when they sustain sexual abuse must bring their claim to civil court within two years from the date the abuse occurred.
A legislative proposal could be on the ballot in Pennsylvania in November of 2024 that temporarily waives the statute of limitations for specific sexual abuse cases. Under this proposal, there would be a two-year window with which adults who sustained sexual abuse as children can bring civil lawsuits against their abusers. This initiative, if passed, could help those who have no current recourse find justice and obtain compensation for what happened to them.
The initiative failed to reach the ballot for the November 2023 elections in Pennsylvania.
Evidence Needed In A Philadelphia Sexual Abuse Claim
For a sexual abuse claim in civil court, the same types of evidence used in a criminal case (if there was a criminal case) will also make an appearance. However, it is not uncommon for there to be a civil case and not a criminal case for sexual abuse claims. Even so, much of the same types of evidence are still needed to prove what happened. However, the burden of proof for civil claims is less than the burden of proof needed for a criminal conviction.
Some of the main types of evidence used to help prove that sexual abuse occurred include the following:
- DNA evidence obtained
- Witness testimony
- Testimony from medical or psychological experts
- Electronic communication of parties involved
- Any visual or audio recordings available
When you work with a skilled sexual abuse attorney in Philadelphia, you will have an advocate ready to stand up for you every step of the way. This includes conducting a complete investigation into the incident, examining the facts of the case, handling communication with other parties, and moving forward toward a trial.
What Type of Compensation is Available for a Sexual Abuse Claim In Philadelphia?
Sexual abuse is horrific, and no amount of compensation can erase what happened. However, securing compensation from a perpetrator can establish a sense of justice and closure, and it can also help with the expenses arising due to the abuse.
At Ciccarelli Law Offices, we work diligently to recover both economic and non-economic damages on behalf of our clients for these claims.
- Economic damages. These types of compensatory damages revolve or bound calculable losses a sexual abuse survivor is likely to incur. We can use receipts, bills, and invoices and individual has gathered since the abuse occurred and include the following in the total damage request:
- Medical expenses related to the sexual abuse
- Compensation for psychological and psychiatric care
- Medications (prescription and over-the-counter)
- Out-of-pocket household expenses arising due to the recovery process
- Lost wages if a victim is unable to work for any period of time
- Non-economic damages. These types of damages are a bit different than the calculable losses previously mentioned. Non-economic damages focus on more immeasurable losses a sexual abuse survivor is likely to incur, including:
- Physical pain and suffering
- Emotional and psychological pain and suffering
- Loss of quality of life
What About Punitive Damages?
In some cases, punitive damages may be awarded for a sexual abuse case. Also known as exemplary damages, these are reserved for situations where a judge believes a victim has not received enough under the circumstances or when the actions of the defendant are so egregious that they need further “punishing” through the awarding of damages. Punitive damages are meant to act as a punishment to the wrongdoer as well as a deterrent to others.
Punitive damages for sexual abuse claims could significantly impact the total settlement or verdict amount, particularly if larger agencies or entities are involved and knew about the sexual abuse and tried to cover it up.
How Much Compensation is Available?
There is no set amount of compensation paid to Philadelphia sexual abuse survivors if their claim is successful. Rather, there are several factors that must be taken into account that are particular to each individual case. These factors, though they may seem cold and calculated, include:
- The severity of the sexual abuse
- How long the sexual abuse occurred
- The level of pain and suffering that can be shown
- Insurance policy limitations or asset limitations of the abuser
Your attorney will be able to give you a better ballpark estimate about how much to expect for your particular situation.
Contact A Philadelphia Sexual Abuse Attorney Today
If you suspect that you or a loved one has been sexually abused, contact the injury lawyers at Ciccarelli Law Offices. We will fight for you. We are determined, successful personal injury lawyers that fight for our injured clients throughout Arizona and Pennsylvania, including Philadelphia, Berks County, Bucks County, Chester County, Dauphin County, Lancaster County, Lebanon County, Montgomery County and serves clients in towns throughout Pennsylvania including West Chester, Downingtown, Paoli, Coatesville, Parkesburg, Kennett Square, Exton, Malvern, Berwyn, Devon, Oxford, Glen Mills, Chadds Ford, Eagle, Pottstown, King of Prussia, Villanova, Media, Glen Mills, Concordville, Newtown Square, Aston, Doylestown, Allentown, Easton, Lebanon, Ephrata, Columbia, Millersville, Manheim, Lititz, Upper Darby, Williamsport, Harrisburg, Carlisle, York, Gettysburg, Hershey, Reading, Plymouth Meeting, Limerick, Collegeville, Hatboro, Hatfield, and Philadelphia.