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What Rights Do Crime Victims Have Under Pennsylvania Law?

Crime Victims' Rights in Pennsylvania

Victims of a crime often feel isolated. They are overwhelmed by the trauma of the incident and experience a sense of hopelessness, believing no one is standing up for them.

Those feelings are totally understandable. What is important to note is that Pennsylvania law takes crime victim protection very seriously. The proof of that can be found in the Pennsylvania Crime Victims Act.

Under this act, victims have the right to be treated with dignity, respect, and sensitivity.

They are also eligible for restitution. In certain circumstances, they can retain the services of an experienced Philadelphia crime victim lawyer in pursuit of a civil complaint that can result in additional forms of restitution.

If you have been the victim of a crime, you’re not alone.

What Rights Do Crime Victims Have Under Pennsylvania Law?

Your Right to Information and Meaningful Participation

The Pennsylvania Crime Victims Act was founded on the guiding principle that all crime victims deserve support and active participation in the justice system. That participation begins with access to information.

This is what a crime victim can anticipate:

Information and Notice

As the victim of a crime, you have the right to be fully informed about all available services, including those provided by the Office of Victim Services. You also have the right to be informed about the offender’s arrest, bail information, and the final outcome of their case.

Protection and Accompaniment

You are entitled to be present at all criminal proceedings related to your incident. You can be accompanied by a family member, or you will be assigned a victim advocate to provide additional support during the hearings.

Active Participation

You have the right to provide your thoughts on any sentencing and post-sentencing decisions, such as the possibility of parole. This means you are allowed to submit an oral or written victim impact statement. That statement allows you to share the impact of the crime on your physical and emotional well-being. It can also include how the crime has affected your finances.

Financial Recovery Through the Victims Compensation Assistance Program

The Pennsylvania Victims Compensation Assistance Program (VCAP) provides financial assistance to crime victims. According to information on the VCAP website, they receive over 12,000 new claims each year, with an average of $13 million in support provided to victims. This support also extends to family members of a crime victim.

In order to qualify, the crime must be reported to the proper authorities, or a Protection from Abuse Order, Sexual Violence Protection Order, or Protection from Intimidation Order must have been filed.

As for the eligible expenses, you can apply for the following:

  • Counseling
  • Crime-Scene Cleanup
  • Forensic Rape Exams
  • Funeral Costs
  • Loss of Earnings
  • Loss of Support
  • Medical Expenses
  • Relocation
  • Transportation
  • Stolen Benefit Cash
  • Sexual Assault Counseling Claims

It is important to note that any funds you receive through the VCAP program would be separate from what you might be awarded through civil litigation.

Meet Our Attorneys

Pursuing Justice Through Civil Litigation Against Third Parties

The arrest and conviction of your assailant is just one path of justice. You are also entitled to seek a remedy through civil litigation against third parties. The basis for these types of lawsuits is to hold entities accountable whose negligence created a hazardous environment.

Here’s what that could look like:

Negligent Security

There are many types of entities that could be named as a third party in a civil lawsuit.

Those include the following:

  • Businesses
  • Hotels
  • Bars
  • Apartment complexes
  • Schools
  • Nightclubs
  • Parking garages

If any one of those entities failed to provide adequate security, they can be held liable under the premise of foreseeability of a possible assault, robbery, or sexual assault.

Negligent Hiring and Supervision

There are many organizations, such as churches, schools, daycares, and non-profits, that are responsible for hiring and supervising employees and volunteers. Those workers need to go through a background check and be constantly supervised. If it can be proven that their hiring practices and supervision were negligent, they can be held accountable.

As a victim, you’re entitled to seek compensation for medical expenses, lost wages, pain and suffering, and emotional distress. The best approach to pursue this compensation is to get the support of an experienced lawyer.

How a Philadelphia Crime Victim Attorney Supports Your Claim

Anyone who has been a crime victim is looking for a way to move forward and get their life back on track. Part of that recovery journey can involve ongoing counseling. It can also mean seeing their assailant brought to justice. There is an additional path through civil litigation that can also support healing.

The legal team at Laffey Bucci D’Andrea Reich & Ryan has been proud to provide guidance and support to crime victims. There are many situations in which a victim can seek a fair settlement from negligent third parties. These types of claims can be challenging, but our years of investigative experience give us unique insight into how to prevail.

We are happy to discuss your situation in a free consultation. That is when we can explain your rights as a crime victim and discuss the options for pursuing a civil claim.

Reach out to our office today to set up your talk. You’ll be glad you did.

Learn About Who We Fight For

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.

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