What is Mediation?

Our attorney and founding shareholder, Tim Monsees, explains what a mediation is and breaks down the guidelines for potential plaintiffs in this video. If you are interested in learning more about how to prepare for a personal injury case, you can contact us for a booklet today.

What is Deposition?

We understand there are a lot of guidelines to consider and follow when preparing for a deposition. Our team wants to make sure our clients are prepared. Our founding shareholder, Tim Monsees, explains the key reminders to understand before a deposition. Click the link below to get more information.

What is the Difference Between Civil and Criminal Case?

Our founding shareholder, Tim Monsees, shares the major differences between filing a civil and a criminal case. Click the link below to get more information.

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FAQ’s Regarding Sexual Abuse, Exploitation and Invasion of Privacy

We regularly get questions from potential clients, and the general public alike, that pertain to someone’s unique set of circumstances or otherwise very specific areas of law. We thought we would take a pause in our everyday practice to address some of these worthwhile concerns.

What can I do as a parent of a child who has been sexually abused? 

We get this question a lot. Parents are often left feeling helpless after learning about their child’s abuse, which only adds to the heartbreak. As a parent of a child who has been sexually abused, your role of protector never goes away. Parents usually take on the role of making sure the proper authorities are notified and that they have a detailed description of the abuse that occurred. It is important to make sure the authorities know the who/what/where/when/how and oftentimes the child who has been abused is unable to recount everything in their traumatized state. It is also important for parents to realize that they may not be able to help their child all on their own. Consulting with counselors and therapists who are trauma-informed will assist the parents and the child who has been sexually abused.

Often times, we are able to facilitate a direct referral to one of the several victim advocacy groups we work with. This expedited process saves victims time and can reduce the anxiety and stress that inevitably comes with detailing a horrific event to strangers for the first time.

Can I hire an attorney to criminally charge the perpetrator?

Prosecutors have the exclusive power to criminally charge someone who has allegedly committed a crime on behalf of the City, County, or State. Prosecutors work with the authorities to determine whether there is adequate evidence to charge someone with a crime. It is then, and only then, when someone who has been accused of a crime will be arrested and charged. Private civil attorneys, like us, are usually not involved in the decision-making part of a criminal prosecution. However, we believe it is critical to establish a good relationship with prosecutors and to share information about the victim’s case. The endgame of criminal prosecution can generally range from imposition of fines to community service, probation, and, of course, jail time. On the other hand, the endgame of a civil claim is money, which serves to hold the perpetrator, or other responsible individuals or businesses, accountable and to compensate the victim for the harms and losses they suffered. While the goals of the criminal and civil justice system are different, we understand that maintaining an open line of communication with prosecutors is vital to securing justice for victims.  

Are their civil claims I can pursue against the perpetrator even though there are criminal charges?

This is a question that not always has an easy answer. However, generally yes, there are civil claims that can be pursued against the perpetrator even though they are being criminally charged for the same thing. In fact, even if a perpetrator is not criminally charged, or perhaps he/she was charged with those charges were later dismissed, a victim still may pursue justice through the civil courts. With that said, it’s important to understand as explained above, that in a civil case, the aggrieved party can only seek monetary damages from those who are responsible. The most efficient way to guarantee one’s recovery for sexual assault is through insurance coverage, which can be extremely complex. It is for these reasons why this question is a difficult one to answer.  

Can I make a claim for invasion of privacy?

Yes. Invasion of privacy, or sometimes referred to as breach of privacy, is a claim based in common law that allows an aggrieved party to bring an action against an individual who unlawfully intrudes into his or her private affairs. Such claim can be pursued in both the criminal and civil systems. Some of the most common questions we receive that pertain to the invasion of one’s privacy involve someone being secretly videotaped without their consent. A recent case you may have heard about was that involving Fox Sports broadcaster Erin Andrews. Andrews brought a civil lawsuit against the hotel that allowed a stalker to secretly videotape her naked while she was in her hotel room. At trial, the jury found in favor of Andrews and against the hotel, finding it responsible for approximately $55 million. 

“Voyeurism”, as it is commonly referred to, is not only an invasion of one’s privacy, but it can form the basis for a criminal charge or a civil lawsuit for sexual exploitation.  

Can I sue my abuser’s place of business/employer?

In many instances, suing an abuser’s place of business, or their employer, is the only road to justice and recovery. While there are a number of hurdles to overcome in holding a perpetrator’s place of business accountable for the criminal acts of its employee, an employer’s actions or failure to act are occasionally covered by their insurance. Additional obstacles exist when the employee is a healthcare professional working at a hospital or a teacher at a school. 

We pride ourselves in finding answers to the difficult questions. A hallmark of our firm is taking on the challenge so that our clients don’t have to. If you have a question or would like to discuss your case with us, please don’t hesitate to reach out to us. 

More Resources

If you are looking for more resources to be more informed on your specific case, check out our resources page.

Personal Injury Cases We Handle

Learn more about all our personal injury practice areas and more.

Serious Injury

These types of personal injury cases can be particularly complex, and a successful outcome hinges on choosing personal injury attorneys with the experience to address both the legal and medical issues involved in serious injury litigation.

Sexual Abuse Cases

At Monsees & Mayer, P.C., we masterfully and compassionately represent the survivors of sexual abuse. Our attorneys have decades of experience helping survivors, and we want to help you, too. If you or a loved one has been sexually abused, contact our attorneys today.

Product Liability

Products liability is a very specialized area of law. The term “dangerous products” refers to any type of product that poses a high risk of injury to its buyers and users.

Premise Liability

Many people falsely believe that if someone is injured on another’s premises or land, the landowner is automatically responsible for the injuries.  Unfortunately, it is quite a bit more complicated.

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