Damages Available in an Alaska Sexual Assault Case
Sexual assault is a crime in every US state, and a conviction can lead to years in prison, fines, and many other legal consequences. Considering the harsh punishment, you might be surprised to learn how many people are not deterred from sexual violence. According to RAINN, there are more than 463,600 victims aged 12 years and older who suffer sexual assault every year in the US. That amounts to a sexual attack once every 68 seconds. Authorities aggressively pursue these cases to bring offenders to justice.
However, in addition to a criminal case for sexual assault, victims also have rights through civil remedies in Alaska. An attack is a tort, so you may qualify to recover various damages for the losses you suffer. Plus, there may be a claim based upon negligence if a party turned a blind eye or failed to prevent the violence. You should discuss your remedies with anAlaska sexual assault attorney, which would enable you to obtain compensation for the following:
Economic Damages
Some of the losses you suffer in a sexual assault are tangible and can be assessed in terms of dollar value. They include:
- Medical costs for surgery, emergency care, hospitalization, and rehabilitation;
- Expenses for psychological and mental health care, as RAINN points out that many victims suffer PTSD after being attacked;
- Lost wages, if you were unable to work because of your physical injuries and mental health limitations; and,
- Out-of-pocket expenses, such as transportation and medication costs.
To prove economic damages, you will need receipts, invoices, and information on your wages.
Noneconomic Damages
You will also suffer personal, subjective losses as the victim of sexual assault. These are the consequences that affect and diminish your quality of life, and they may be the result of physical injuries, the mental harm you endure, or both. Examples of non-economic damages include:
- Pain and suffering;
- Emotional distress; and,
- Scarring and disfigurement.
Because they are not associated with a dollar value, you cannot use documentation to prove noneconomic damages. Instead, your attorney will work with medical experts in preparation for trial and possibly to testify.
Punitive or Exemplary Damage
You are limited to economic and non-economic damages in most accident cases, but you might qualify for punitive damages for a tort like sexual assault. As the name suggests, this class of damages is intended to punish the wrongdoer. In Alaska, you can recover punitive damages if you can prove that the defendant acted outrageously, with malice, and reckless indifference for others.
There is a statutory cap on punitive damages, which is the greater of $500,000 OR three times the sum of economic and non-economic damages.
Our Alaska Sexual Assault Lawyers Will Enforce Your Rights
When you realize that there is a wide range of damages available in a sexual assault case, you know how important it is to retain a skilled attorney. To learn how we can help, please contact Power & Power Law in Anchorage, Alaska. You can call 907-222-9990 or visit our website to schedule a free consultation.