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Gathering Evidence for a Crime Victim Civil Lawsuit in Pennsylvania
As a crime victim, you might think that the only way to find justice is to see your assailant arrested, charged, put on trial, and convicted. A lot has to happen for that to fall into place, and it could mean a long wait. Depending on the nature of the crime, there might be another avenue to pursue towards achieving a measure of justice.
That would be with a civil lawsuit.
With a civil complaint, you can file a claim against a business or an individual. This will mean filing a lawsuit in a civil court and presenting your story to a judge and jury.
Of course, you’ll need a skilled Philadelphia crime victim attorney acting as your advocate. A civil lawsuit has a lower burden of proof than a criminal trial. With a civil lawsuit, you only have to prove that the negligent actions of a person or business caused you harm by a preponderance of the evidence.
What evidence is needed to prove a crime victim’s civil lawsuit? Consider the following:
Physical and Documented Evidence
There are many different types of physical and documented evidence that you and your attorney can present to a jury to establish the preponderance of the evidence that you’ll need to prevail. These are some examples of the kind of physical and documentary evidence you can present:
- Photos of your injuries
- Video and photos of the crime scene
- Remnants of broken property
- Medical records and bills
- 911 call recordings
- Police reports
- Testimony and statements
Your testimony can be another powerful piece of evidence in support of your civil lawsuit.
It will be your opportunity to share with the jury what happened and how that crime has impacted your life.
In addition to your testimony, you and your attorney might also decide to call on additional witnesses, such as friends and family members who can attest to your trauma. There might also be witnesses to the actual crime itself.
Third-Party Liability Evidence
When you are naming a third party as liable in your criminal assault, you need to establish the specific negligent acts that led to the crime. For instance, if you were assaulted at a nightclub or other venue, proof of the lack of adequate security can work in your favor.
You can also include maintenance reports and complaints about specific property issues, such as broken locks, faulty entrance systems, and poor parking lot lighting.
Also, any prior crime incident reports can establish that the property owner was aware of the potential for harm and neglected to enact proactive measures to keep residents and visitors safe.
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Financial Documentation
You aren’t just filing a lawsuit for justice. You’re also seeking compensation for any direct financial losses. That can include proof of lost wages, medical bills, therapy costs, and property replacement.
Expert Opinions
You can also present testimony from medical professionals and therapists who can describe the extent of any injuries and the extent of emotional trauma. These witnesses can also attest to your need for future medical care or ongoing therapy.
How Philadelphia Attorneys Secure and Preserve Key Evidence
It might seem like an overwhelming task to collect all the relevant evidence you need in support of your civil lawsuit. The good news is that you don’t have to do that alone. That is a task that the legal team at Laffey Bucci D’Andrea Reich & Ryan can help with.
If we agree to work together to present your civil complaint, we’ll immediately spring into action to conduct an independent investigation of the incident. This investigation will often run parallel to any law enforcement efforts to bring your assailant to justice. Some of the same evidence can be shared. The difference is that we’ll become your fierce advocate and remain laser-focused on supporting your cause.
We can issue spoliation letters to property owners and other relevant parties that demand specific evidence, such as surveillance footage and other records. That will force them not to destroy the evidence.
Most importantly, we’ll provide you with guidance every step of the way. That includes discussing potential challenges and our strategy to overcome them. We pride ourselves on the open lines of communication that we keep with our clients.
We want every decision you make to be an informed one.
All of this support begins with your first consultation. Contact us today to schedule your talk with our legal team today, and let’s find out what should happen next.
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Victim’s of crime oftentimes do not realize that justice can be sought on both the criminal and civil side of the law. As former prosecutors we have the background, experience and knowledge to walk our clients through the criminal process, while at the same time representing them in a civil case.
Examples of cases include assaults in apartment complexes, negligent security cases, assaults at bars and nightclubs, physical abuse in schools, offices and day care centers, to name a few.
If you’ve been a victim of crime, we’re here to listen and advise. Schedule a free consultation today.