Crime Victim Representation
Rape and Sexual Assault
Drunk Driving and Dram Shop Cases
Murder Cases
Sexual Abuse of Children and Vulnerable Adults
Rape and Sexual Assault
Rapes and sexual assaults are often foreseeable and in many cases, preventable. The owners and managers of apartment complexes, shopping centers and malls, hotels and motels, mobile home parks, hospitals, nursing homes, ATMs and night depositories, and other businesses have a duty to act reasonably and responsibility toward their tenants and invitees in controlling activities on their property. While no one can guarantee the safety of a given location, owners and managers who negligently ignore dangerous conditions on their property or the surrounding area may be held civilly accountable for the injuries that result from third-party criminal acts on their property.
The negligent conduct typically attributed to the owners and managers of these properties routinely includes the failure to warn of known or foreseeable dangers on the property, and oftentimes involves the inadequate or negligent management of the property or issues of negligent or inadequate security.
If you or a loved one has been the victim of physical violence, rape or sexual assault because of a property owner’s negligence or failure to provide adequate security, you may be entitled to compensation for your injuries. Your ability to recover in these types of cases oftentimes depends upon a number of legal issues and needs to be handled by a lawyer who has had experience handling these types of cases. We are experienced and knowledgeable in the laws affecting liability of property owners and have been successful in representing victims of these foreseeable and preventable crimes.
Drunk Driving and Dram Shop Cases
Drunk driving crashes are preventable. They are not accidents. When someone drinks to the point that their normal faculties are impaired, they are knowingly putting the lives of innocent motorists and pedestrians at stake.
According to the National Highway Traffic Safety Administration (NHTSA), there were 16,885 alcohol-related fatalities in 2005 which represented 39 percent of the total traffic fatalities for the year. California, Texas and Florida lead the list of alcohol-related traffic fatalities, with Georgia coming in at number 7.
In a number of cases, it is not only the alcohol-impaired driver that may be liable for the collision and the injury or death of an innocent motorist or passenger. Under ‘dram shop’ liability laws, a party injured by an intoxicated person can sue establishments contributing to that person’s intoxication. Dram Shop cases are, to say the least, difficult and in some states such as Nevada, virtually impossible to win. Some other states such as Alabama, Alaska, and Michigan impose liability on the alcohol purveyors only for illegal alcohol sales to minors and known alcoholics. The vast majority of states, including Georgia, impose liability when the dram shop defendant knew or should have known the alcohol consumer was visibly or noticeably intoxicated and the server knew or should have known the person was going to be driving. Bartenders and servers virtually never admit that the person they were serving was ‘noticeably intoxicated’ and proving they knew that the person was going to be driving is also a difficult prerequisite of liability to conquer.
We understand that people who have themselves been injured and the families of persons injured or killed are faced with a traumatic event. Physical injuries, pain and suffering, lost wages, permanent impairments and the psychological impact that accompanies these tragic events need to be properly investigated, documented and presented in order to maximize recovery against the impaired driver and possibly the person or establishment that negligently contributed to those injury-producing events.
If you or a loved one has been injured or have had a family member killed as a result of a drunk driver, you need professional representation by lawyers and their staff members who are familiar with the various laws impacting upon these matters and who are trained to work with clients to properly handle the DWI/DUI victim's case. We have that experience and knowledge and we have been successful in representing victims of these foreseeable and preventable events.
Murder Cases
According to the Uniform Crime Report published annually by the Federal Bureau of Investigation as a result of mandatory reporting by law enforcement agencies across the United States, there were almost 17,000 murders in the United States in 2005. Preliminary 2006 estimates show the number to be approximately the same for 2006. Many of these murders are foreseeable and in many cases, preventable.
Our firm has found that the victims we represent fall into two basic categories: victims murdered by a family member or a person having a special, close relationship with the victim; and stranger-on-stranger murders.
Perhaps our most notable ‘family-member’ representation involved representation of the family of Beverly Watson, murdered by her husband, James Watson. Our firm was instrumental in not only maximizing a financial recovery against Mr. Watson civilly, but we assisted the family in encouraging the criminal prosecution of Mr. Watson for Beverly’s murder. Mr. Watson is now serving a life sentence for the murder of his wife, Beverly.
Stranger-on-stranger assaults, sexual assaults and murders are most common at apartment complexes, shopping centers and malls, hotels and motels, mobile home parks and other retail businesses and parking areas. These businesses have a duty to act reasonably and responsibility toward their tenants and invitees. While no one can guarantee the safety of a given location, owners and managers who negligently ignore dangerous conditions on their property or the surrounding area may be held civilly accountable for the injuries or death of tenants and invitees to their property that result from third-party criminal acts on their property.
If you have a family member who was murdered by a spouse, family member or other acquaintance; or a family member who was murdered in a stranger-on-stranger assault, you need professional representation by lawyers experienced and familiar with the various laws impacting upon these matters. We have that experience and knowledge and we have been successful in representing victims of these foreseeable and preventable events.
Sexual Abuse of Children and Vulnerable Adults
The National Center on Child Abuse and Neglect defines child sexual assault as "Contacts or interactions between a child and an adult when the child is being used for sexual stimulation of the perpetrator or another person when the perpetrator or another person is in a position of power or control over the victim. This same definition likely applies to vulnerable adult victims of abuse.
Child sexual abuse or abuse of a vulnerable adult are among the most horrible, virtually inexplicable acts one can imagine. The damage inflicted on the victims of these types of abuse will likely have long-lasting effects on the victims and may not be fully-felt until years after the abuse.
Many of these crimes go unreported for years and we may never know the actual number of victims of sexual abuse. Many experts believe that sexual abuse is the most under-reported form of child maltreatment because of the secrecy or "conspiracy of silence" that so often characterizes these cases. Some examples of these abuses are:
- Abuse by Clergy
- Abuse by Teachers and Daycare Workers
- Abuse by doctors, dentists and therapists
- Abuse by institutional workers such as nurses, orderlies and other institutional attendants charged with caring for vulnerable patients
- Abuse by nursing home workers
Sexual abuse and child molestation are crimes that take advantage of some of the most vulnerable members of society. It is not the victim’s fault. This activity typically occurs because a school, church, business or other organization is negligent in the supervision of its staff and others on the property or having access to these vulnerable individuals. It happens because the organization fails to protect the victim. These predators often target schools, day care centers nursing homes and hospitals because they give the molester an opportunity to have contact with the vulnerable, and these organizations, charged to protect the vulnerable children and other individuals in their care, frequently ignore warning signs that may indicate abuse.
If you have a child or family member who has been the victim of abuse, you need to act quickly to protect that child or family member from further injury. If you fail to take appropriate action, your child or vulnerable family member will likely be subject to further abuse and serious harm. If you suspect a child or other loved one is a victim of molestation or abuse you should:
- Immediately remove that child or vulnerable loved one from further exposure to the harmful offender or environment;
- Obtain and necessary medical treatment for the child or loved one;
- Contact your local child abuse and neglect hotlines (including law enforcement agencies and victim advocates in your area).
While no amount of money can adequately compensate a victim for a horrific crime such as this, we believe the perpetrators and those at fault should pay for their actions. If your child or vulnerable adult loved one has been the victim of molestation or abuse, we are here to help. We can help you in filing a civil lawsuit against the molester or abuser and the institution that failed to protect your loved one from the abuse. We are experienced in representing victims of child abuse and molestation. All communications with our office are strictly confidential and every effort is made to maintain the security and confidentiality of our client's name throughout our representation and any litigation. We are committed to working with you to protect your child or loved one, your child’s or loved one’s identity and your child’s or loved one’s privacy.
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