Can Victims of Violent Crimes Get Financial Compensation?
Dealing with the aftermath of a violent crime can be overwhelming, but you don’t have to face it alone. In Texas, victims of such heinous acts and their families have avenues to seek compensation for suffering, including court-ordered restitutions and the Texas Crime Victims’ Compensation Program. You also have the right to file a personal injury or wrongful death claim or lawsuit against the criminal who hurt you and anyone whose negligent behavior contributed to the harm you have suffered.
The repercussions of injuries from violent crimes extend far beyond the initial harm. Victims may face long-term physical challenges, such as chronic pain or disability, and the emotional trauma can be equally debilitating, manifesting in anxiety, depression, or PTSD. These outcomes devastate your quality of life and result in tangible losses like medical expenses, lost wages, and reduced earning capacity.
If you or a loved one has been injured due to a violent crime, enlisting the services of an experienced personal injury lawyer is the first step in receiving the financial compensation you need to start putting your life back together.
What Is the Texas Crime Victims’ Compensation Program?
The Texas Crime Victims’ Compensation Program focuses on crimes that pose serious threats to personal safety. This program offers funds to cover expenses like medical and mental health treatment, lost wages, and funeral costs. These resources are critical in helping victims and their families recover without the added financial strain.
In Texas, various types of violent crimes qualify victims for compensation. These consist of felonies that result in physical or emotional harm to the individual, including but not limited to the following:
- Sexual assault
- Aggravated assault
- Homicide
- Kidnapping
The process begins with filing a claim with the Texas Crime Victims’ Compensation Program, which must be done within three years of the crime or, if the victim is a minor, before their 18th birthday. The application must include thorough documentation, such as police reports, medical records, and proof of expenses incurred as a result of the crime.
How Your Texas Wrongful Death Lawyer Can Help
Your personal injury attorney will investigate the circumstances of the crime and file lawsuits against all negligent parties. This may include the criminal, anyone who assisted the criminal, property owners who failed to provide reasonable security measures, law enforcement officials who failed to uphold their professional code of ethics, and others.
Your lawyer will gather evidence, which may include medical records, witness statements, and expert testimony. This information will support your claim for damages. Then, your lawyer will work to negotiate a settlement with the defendant’s insurance company.
If settlement negotiations fail to produce a satisfactory outcome, your personal injury attorney will file a lawsuit. The defendants frequently agree to a reasonable settlement offer when they realize your attorney is serious about taking the case to trial. Otherwise, the court will decide if you are entitled to receive restitution for the harm you have suffered.
Seeking Compensation for a Wrongful Death in Texas
In Texas, wrongful death occurs when a person dies due to the negligence or misconduct of another party. When a wrongful death occurs as a result of a violent crime, the path to seeking compensation can be complex. Victims’ families may pursue a civil wrongful death claim independently of any criminal proceedings. In such cases, the standard of proof is lower than in criminal court; instead of “beyond a reasonable doubt,” it is based on a “preponderance of evidence,” meaning it is more likely than not that the defendant’s wrongful act caused the death.
The compensation awarded in wrongful death cases can be extensive, reflecting the significant impact of the loss. In Texas, a Dallas wrongful death attorney can help surviving family members receive damages for a range of losses, including lost earning capacity of the deceased, mental and emotional anguish, loss of companionship, and loss of financial support.
The Emotional and Psychological Impact of Violent Crime
Trauma experienced by victims of violent crime may cause anxiety, depression, post-traumatic stress disorder (PTSD), and a host of other mental health challenges. The impact of violent crimes is not limited to the direct victims – family members also experience profound effects.
The psychological scars can disrupt the family unit, sometimes leading to increased tension and challenges in communication. Children in the family may require special attention to help them cope with the trauma of having a loved one victimized. Spouses and parents may need to take on new roles, adding stress to their daily lives.
Was Someone You Love Seriously Injured or Killed Due to a Violent Crime?
Contact The Lenahan Law Firm right away. We get justice for victims of violent crime and their families. Our law firm has been featured on multiple news stations, including Fox, CBS, and NBC. Marc Lenahan is a lifetime member of the exclusive Multi-Million Dollar Advocates Forum, and we have a perfect 10.0 AVVO rating.
Call (214) 295-1008 today to schedule a FREE case evaluation and speak with one of our experienced wrongful death lawyers in Texas today.
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