The conviction of the perpetrator of assault or abuse in criminal court can bring some measure of justice to survivors. However, the conviction in the criminal case alone will not help them rebuild their lives after the harm they have suffered. Even with a conviction, there are times when companies or organizations that allowed the perpetrator to gain access to their victims go unpunished.  To demand full accountability and compensation, survivors must instead pursue legal action through the civil justice system.

If you have suffered physical, sexual, or emotional abuse, Marks & Harrison can guide you through the personal injury legal process, explore all your legal options, and work with you to seek maximum compensation. We know that it takes courage for an abuse survivor to stand up for their rights and seek help. We’re ready to honor your courage with compassion and tireless dedication to pursuing justice.

Contact us today for a free and confidential consultation with a knowledgeable Virginia assault and abuse attorney. We’re ready to listen to your story.

Our Dedicated Abuse Case Team

At Marks & Harrison, our compassionate team of assault and abuse attorneys includes:

  • Ryan T. Walker – Ryan represents clients in a wide range of personal injury claims, including sexual assault, nursing home abuse, and daycare abuse cases. He has a proven track record that includes multiple six- and seven-figure verdicts and eight-figure settlements.
  • Leslie C. Dalton – Leslie began her legal career in New Orleans, advocating for injury victims, before returning home to Richmond to join Marks & Harrison. Now she fights for the rights of those harmed by the intentional acts and negligence of others.
  • Michael J. Braggs – Michael has represented clients with Marks & Harrison since 2019. He previously practiced law at Freeborn & Peters in Richmond and also served as staff counsel for GEICO and as an assistant public defender in Fredericksburg.
  • Bryan L. Meadows – Bryan manages Marks & Harrison’s Fredericksburg office. He has built a record of success as a personal injury lawyer, including multiple six- and seven-figure settlements and verdicts for his clients.

How Can Our Lawyers Help in Your Assault/Abuse Case?

When you choose our law firm to represent you in an assault or abuse case, you can expect our legal team to provide:

  • Confidential consultations to understand your case
  • Legal guidance tailored to your unique situation
  • Skilled representation in civil court and during the litigation process
  • Assistance with legal filings, such as protective orders
  • A thorough investigation into your case
  • Consultation with potential expert witnesses, such as medical or mental health professionals.

We handle all communication with insurance companies and settlement negotiations so you can focus on recovery. We’ll prepare your case as though it’s going to trial, so we’ll be thoroughly prepared if going to court is the best way to seek the compensation you’re entitled to receive.

Why Choose Marks & Harrison to Handle Your Assault/Abuse Case?

If you’ve been the target of abuse or assault, you deserve dedicated legal counsel who will fight for the financial compensation and justice you deserve from those who perpetrated the abuse or permitted it to happen. You should not have to stand up alone. Instead, let the legal team at Marks & Harrison advocate on your behalf in your civil claim. We offer:

  • Experienced attorneys focused on abuse cases
  • A compassionate and client-focused approach
  • A strong support staff to make the process less stressful
  • A proven track record in seeking justice and compensation.

How Does Virginia Law Define an Assault?

Virginia defines the act of “assault” as employing the use of force upon another individual or making a threat of force against an individual to cause them to have a reasonable fear of imminent injury.

What Constitutes Abuse in Virginia?

According to the Virginia Department of Social Services, “abuse” falls into four categories:

  • Physical abuse
  • Physical neglect (including medical neglect)
  • Mental abuse (or emotional abuse)
  • Sexual abuse.

So, abuse could result from physical assault, withholding of care that a perpetrator must provide to a victim, or inflicting emotional trauma.

Are Assault and Abuse Cases Criminal or Civil?

Assault and abuse, whether physical, sexual, or emotional, can lead to criminal and civil cases. Physical assaults can lead to criminal charges for assault and battery or a more serious assault offense. Sexual assaults can result in criminal sexual assault charges. Many types of assault or abuse, even emotional, when committed against a family member or domestic partner, can lead to charges for domestic violence offenses.

Survivors can also file civil lawsuits to recover compensation for the harm they suffered due to the abuse or assault. Civil lawsuits proceed on a different legal track than criminal prosecutions. In other words, a survivor can pursue a lawsuit even if prosecutors decline to bring charges against the perpetrator or the perpetrator is found not guilty at a criminal trial.

Survivors may also have the option of seeking a protective order from the court to prevent their assailant or abuser from committing future acts of violence against them (and, in many cases, their children or other family members).

What Are the Types of Assault and Abuse Cases We Handle?

An experienced abuse and assault lawyer at Marks & Harrison takes cases stemming from:

  • Sexual assault and abuse claims, including claims involving rape, attempted rape, sexual battery, or other forms of unlawful sexual contact or sexual violence by the sexual abuser
  • Domestic violence and intimate partner abuse
  • Workplace assault and abuse, including claims against employers, co-workers, supervisors, and customers
  • Institution and third-party abuse, including claims against schools, churches, clergy members, youth organizations, or nursing homes for negligent hiring, supervision, or security.

Who Can Be Held Liable in a Virginia Assault or Abuse Claim?

Different parties may be held accountable for the physical and emotional scars they cause due to physical, mental, or sexual abuse, either as the perpetrator of the violence or as a party whose negligence or recklessness allowed the perpetrator to commit the violence or sexual acts. These potentially liable parties may include the:

  • Perpetrator
  • Property owners
  • Employers
  • Schools and universities
  • Institutions and organizations.

What Evidence Can Strengthen an Assault or Abuse Claim?

Strong cases depend on solid evidence, such as:

  • Witness testimony
  • Personal diaries
  • Surveillance footage
  • Employee timesheets
  • Internal investigation reports
  • Medical records, including examinations for sexual assault.

What Compensation is Available in Virginia Assault and Abuse Cases?

In an assault claim or physical, emotional, or sex abuse claim in Virginia, you may have the right to recover compensation in a fair settlement or judgment for various losses and the profound impact on your physical and emotional well-being. In Virginia, financial compensation may include:

  • Economic losses – These damages include dollar-and-cents losses such as medical and rehabilitation expenses, long-term disability care costs, psychological care, and ongoing or future lost wages due to missed work.
  • Non-economic losses – These damages reflect the personal toll of the assault or abuse, like pain from physical injuries, emotional trauma, reduced quality of life, and embarrassment or humiliation.
  • Punitive damages – Many victims may also seek punitive damages in a lawsuit, which punish a party who perpetrated, facilitated, or allowed the egregious abuse or assault . However, Virginia law caps punitive damages at $350,000.

What Is the Statute of Limitations for Assault and Abuse Claims in Virginia?

Under the Virginia statute of limitations, you typically have two years to file a lawsuit after the assault or abuse occurred. However, victims of child sexual abuse have 20 years to file a civil suit. Adult victims of sexual abuse have 10 years to file, unless they suffered abuse at the hands of a person of authority over them, in which case they have a 15-year period under the statute of limitations to file the lawsuit.

Contact a Virginia Assault and Abuse Lawyer

If you endured physical and emotional trauma due to abuse or assault at home, work, school, or other institutional settings, you deserve dedicated, caring legal representation. Since 1911, Marks & Harrison has built a proven track record of success, helping our clients achieve victories in some of the most notable cases in the state’s legal history.

We’ve codified our values in our Client Bill of Rights, and our dedication to top-quality legal counsel has earned us the praise of the people we’ve helped. Contact us today for a confidential, free consultation with a compassionate personal injury attorney to learn more about how we can help you.