Category: Blog

If you or your child has experienced an incident of sexual abuse, filing a civil lawsuit against the perpetrator can be a smart move. Even if the assailant is facing criminal charges, a civil lawsuit can force the attacker to pay compensation to you for the suffering you’ve experienced.

At The Kindley Firm, APC, our San Diego sexual abuse attorneys have a deep understanding of the civil claims process. We’ve handled multiple sexual abuse cases, and we can ensure that the assailant is held accountable for their actions. Although the attacker should serve jail time and pay penalties for their time, you also deserve a financial settlement for what’s transpired.

Who Can Sue?

If a child has experienced sexual abuse, both the child and the child’s parent or caregiver can sue simultaneously for compensation against the assailant. When a child is subjected to sexual abuse, the physical and emotional harm affects the entire family. As such, the family has a right to seek justice in the form of monetary compensation.

Whether you were personally abused or your child was abused, the claim will need to be filed under a more specific name than simply, sexual abuse. Some of the common claims that can be filed in this realm include assault, intentional infliction of emotional distress, battery, and negligent infliction of emotional distress.

Who Can Be Sued?

Not only can the sexual abuser be sued, but if the abuse happened on the grounds of an organization or institution, other parties may also be held liable for the abuse. In the case where a child was sexually abused, institutions such as schools, for example, have a duty to keep children safe when in their care.

Some possible parties that can be sued, in addition to the attacker, in a sexual abuse case include the following:

• Schools
• Daycares
• Churches
• Nursing homes
• Hospitals
• Employers
• Jails

A Settlement for Your Suffering

You’ll need to wait until the conclusion of the criminal trial before filing a civil lawsuit against your attacker. However, filing a civil lawsuit can provide you with even more closure than a criminal trial. Having both a criminal and civil claim against your assailant will ensure that your assaulter is properly punished in every way possible.

Contact a San Diego Sexual Abuse Attorney

No one should have to experience the trauma of sexual assault, especially someone who isn’t fully equipped to proect themselves, such as a child or an elderly adult. At The Kindley Firm, APC, we want to help sexually abused victims find closure after their experiences by taking civil legal action in addition to the criminal legal action that’s hopefully being pursued.

The aftermath of sexual abuse can come with unexpected costs, including therapy and medications for emotional recovery. The settlement from your civil lawsuit can help pay for any expenses you may accrue.

If you are ready to speak with a San Diego sexual abuse lawyer about your experience, schedule a free and confidential consultation by filling out the contact form below or by calling 619-550-1313.

If you’ve been injured in a DUI accident, suing the drunk driver for the damages you’ve suffered is justifiable. The physical and emotional stress of your injuries can be overwhelming, and you may be out of work and experiencing a lack of income.

The buildup of medical expenses can lead to even more distress than what the car accident initially caused. You shouldn’t have to bear the financial burden of your injuries alone when you weren’t responsible for the damages you’ve suffered.

The state of California takes drunk driving very seriously, and with a DUI Lawyer by your side, you’ll be able to fight for the compensation you deserve. At The Kindley Firm, APC, our experienced attorneys are prepared to handle the legalities of your case and hold the drunk driver accountable for their negligent actions.

California DUI Laws

California has numerous laws related to driving under the influence of both drugs and alcohol, and each law is put in place to ensure perpetrators can’t get through the legal process without punishment. California DUI laws state the following:

• It’s illegal to operate a vehicle while under the influence of drugs or alcohol.
• It’s illegal to operate a vehicle with a blood alcohol content (BAC) of 0.08 percent or higher.
• It’s illegal to operate a vehicle while under the influence of both drugs and alcohol.

Although police officers are allowed to charge drunk drivers with all three of these charges at once, a driver will ultimately only be punished for one charge because the crimes overlap.

Proving Negligence in a DUI Accident

If a drunk driver is charged with a DUI offense, your lawsuit will be based on negligence per se, which means negligence is presumed because the defendant violated a statute or regulation. However, even if the drunk driver doesn’t get charged with a DUI, you can still prove negligence in other ways.

If you can prove the driver failed to use reasonable care to prevent harm in the accident, then this is still considered negligence. Often, the driver can find ways to dismiss their DUI offense, but this won’t excuse the fact that their careless driving caused your injuries. Your attorney will guide you through the next steps if the case gets to this point.

Recovery of Damages

Both economic and non-economic damages can be recovered for the losses you’ve suffered from the DUI accident. Your lawyer will negotiate on your behalf to make sure your claim value is maximized and you pay nothing out of pocket.

Some of the damages that will be examined include medical expenses, loss of future income, property damage, scarring and disfigurement, pain and suffering, and loss of enjoyment of life.

Reach out to a San Diego DUI Lawyer

Being injured by a drunk driver can leave you emotionally distraught and frustrated. A full recovery may seem far out of reach, but with the help of the qualified attorneys at The Kindley Firm, APC, you can start picking up the pieces of your life.

Contact us today for a no-obligation consultation and we can begin discussing the details of your case. You can reach us by filling out the contact form below or by calling us at 619-550-1313.

Most people understand that getting behind the wheel while sleepy poses a significant danger to other drivers on the road. Most people don’t intend to drive drowsy, but they neglect to take the necessary precautions when they might be at risk for driving drowsy.

For instance, when you are planning a lengthy road trip, the right thing to do would be to schedule in necessary breaks and have another person take the wheel for a while.

Commercial truckers and other drivers who spend a significant portion of their day behind the wheel can also be at risk of engaging in drowsy driving behaviors. Instead of taking the needed breaks to rest up, they often push through because they have deadlines to meet and packages or shipments to unload. This is a real problem.

If you’ve been injured in a vehicle collision and you think your crash can be attributed to drowsy driving, you are probably wondering how to prove that the driver who hit you was driving drowsy.

Proving a Drowsy Driving Lawsuit

It’s obviously difficult to prove drowsy driving because the evidence isn’t as concrete as other forms of reckless driving behavior.

For instance, when a drunk driver has struck you, the evidence will be readily available for you to collect. You could use the driver’s blood alcohol concentration (BAC) as evidence. Or, you can use the fact that the driver was convicted of a drunk driving crime for the collision you were involved in.

With drowsy driving, the evidence is not so clear. However, a good personal injury lawyer will be able to get you the evidence you need to prove your case. Your lawyer could use the following evidence to prove drowsy driving:

• Vehicle phone logs can be used to show that the driver was on the road for an extended period of time with no breaks.
• Commercial trucking logs can show how long the driver was working that day and if they violated any commercial trucking laws.
• Witnesses could testify that the driver was veering in and out of their lane, which could suggest drowsy driving.

The above are just a few examples, and your injury lawyer will need to examine your specific case to see whether there is evidence that can prove your car crash case.

Damages You Could Be Entitled to for Your Drowsy Driving Vehicle Collision

Your vehicle collision has probably caused you to suffer extensive damages, which you are entitled to if you win your case. You could be paid for your property damage, medical bills, lost work wages, mental trauma, pain and suffering, lost life enjoyment, and many other damages.

Call a Vehicle Crash Attorney for Help with a Drowsy Driving Injury Case

Proving drowsy driving is not something most people can do without legal assistance. You need to win a settlement to pay for your damages, and you will increase the odds of a successful resolution to your crash case by partnering with an attorney at our firm.

You can reach The Kindley Firm, APC, and speak to a lawyer today during a free case consultation. Fill out the online form below or call 619-550-1313.