Sexual Assault and Rape Attorney for Civil Lawsuit Cases

Attorney Evan T. Engler is a Columbus, Ohio based civil lawsuit attorney and partner at Harris Engler LLC who has been helping sexual assault and rape victims obtain compensation for their injuries.  If you're looking for a sexual assault or rape civil attorney then that means that you or a loved one has likely experienced the tragic and traumatic event of being sexually assaulted.  

A sexual assault affects different people in different ways.  There are different degrees or categories of sexual assault.  Sometimes there is physical injury.  Sometimes there isn't.  There's almost always a mental injury with a sexual assault.  It is important to recognize the mental injuries resulting from a sexual assault and to take actions that will ultimately help to impove the way you feel about yourself and your circumstances.  There are counselors and mental health professionals that are experienced in helping victims of sexual assault and you should seek them out.  Evan T. Engler is experienced in representing sexual assault victims file civil lawsuits to obtain monetary compensation for their injuries.  It can be difficult to think about whether you want to sue your perpetrator in civil court for your injuries.  Sometimes there are other creative ways to get around this.  For example, the employer of the perpetrator may be partially at fault for the sexual assault.  Often times the perpetrator of your assault is either in jail or is separately dealing with criminal charges for their conduct.  If you're going to go through the trouble of filing a civil lawsuit against the person who sexually assaulted you then you want to make sure you actually have the best chance possible at recovering money from the person.  As the old adage goes, "you can't squeeze blood from stone".  This means that if the perpetrator is in jail or otherwise has no readily ascertainable assets then you may have to look elsewhere to see if you can recover monetary compensation for your injuries.

When Should I Get An Attorney Involved After Being Sexually Assaulted?

There is no one size fits all answer here.  At some point after being sexually assaulted, the victim has to decide that they are going to seek justice for what happened to them.  Usually this starts with calling the police and filing a police report about what happened.  If the victim was raped then timing is very important in getting a rape test kit done as soon as possible after the assault.  

Usually a civil attorney is contacted after the police have been contacted.  An exception to this might be if the sexual assault happened a long time ago or when the victim was a minor.  Ohio has various statutes of limitations for different kinds of sexual assault.  This blog will only focus on the civil statute of limitations because Evan T. Engler is only a civil sexual assault attorney.  In general, you should know that you should contact the police as soon as you are able after the sexual assault in order to ensure that the perpetrator is prosecuted.  Otherwise, Ohio Revised Code section 2305.111 provides that a civil lawsuit must be initiated within one (1) year after the assault or battery occurs.  There are some exceptions.  For instance, that date can be extended if you do not know the identity of the person who committed the assault (in that case, the one year clock begins on the date you learn of the perpetrator's identity or should have learned of their identity).  For sexual assault victims who were minors or children at the time of the assault, then they have until they reach age 30 to file a lawsuit (technically the statute says they have up to 12 years after the cause of action accrues and that the cause of action accrues when they reach the age of majority).  However, these statute of limitations only apply if the victim is suing the perpetrator.  There are other types of lawsuits or legal actions that might provide solutions to victims of sexual assault.

What Can a Civil Attorney Do For Me After I've Been Sexually Assaulted?

The true answer is that all a civil attorney can do is try to get you money for your injuries.  It can be emotionally triggering to go through the process of filing a sexual assault lawsuit and attorney Evan T. Engler knows that and does everything possible to protect his clients.  In short, it doesn't make sense for everyone to file a civil lawsuit if they've been sexually assaulted.  It depends on a number of factors.  Attorney Evan T. Engler will only move a sexual assault case forward to a lawsuit in lockstep with his clients if it makes sense to do so.  Oftentimes victims of sexual assault never want to deal with the people who did those terrible things to them again.  In circumstances like that it makes sense to take a deeper look into the circumstances of the assault.  Was the perpetrator a co-worker?  Did the employer do a background check or otherwise have any notice that the perpetrator had a history of sexual assault?  An employer can be held liable for a sexual assault victims injuries if they negligently hired, negligently supervised, or negligently retained the perpetrator.  In situations like this the employer might have received complaints about an individual being creepy towards their coworkers or of other incidents and failed to take appropriate action.  If it can be established that the employer knew or should have known of the perpetrator's history of sexual harassment or sexual assault and they did not take corrective action then they can be held liable for your injuries. 

Sometimes there can be a dangerous location where the owner of the location knows or should have known that there have been a number of sexual assaults in the area.  If that happens, and the owner of the property fails to take corrective action then they too can be held liable.  This type of legal theory has been used against schools and universities before where there have been prior sexual assault incidents in certain areas and the school fails to do anything about it.  

Contact a Sexual Assault Attorney in Ohio

Attorney Evan T. Engler is a civil litigation attorney who represents sexual assault and rape victims throughout Ohio.  Not every situation makes sense to move forward with a civil case for a sexual assault.  However, please feel free to confidentially email or call Evan T. Engler to discuss your circumstances and see if it makes sense to move forward with your sexual assault case.  All contents of your email or voicemail will be completely confidential.  You can email This email address is being protected from spambots. You need JavaScript enabled to view it. or you can call (614) 610-9989 and leave a confidential voicemail or try to schedule a phone consultation.  

How is COVID-19 Affecting Personal Injury Cases in Ohio?

Court Shut Downs in Ohio

The most immediate impact of COVID-19 on your potential personal injury case in Ohio is that most courts are shut down except for criminal and emergency hearings until June 1, 2020.  So that means if you had a hearing or trial scheduled anytime from mid-March to July, 2020, then your case has likely experienced delays.  However, if you had a hearing or trial for your personal injury case already scheduled, then that means you most likely already have a personal injury attorney that should be keeping you up to date on the details.  If you don't have a personal injury attorney then you can call one at Harris & Engler at (614) 610-9988.

The Court Shut Downs Wont Be That Big of a Deal Unless You Had a Trial

Personal injury cases in Ohio take a long time.  Once a lawsuit is filed for your personal injury case the case will be in the court system for 1 - 2 years before a trial.  The vast majority of the time your case will be settled or resolved before a trial.  Most of your case is done trhough court filings or between the attorneys.  With that said, the Court shut down will likely not have any affect on your case unless you happened to have something scheduled during a period of time in which the Court was closed - in which case your hearing will simply get continued a few months.

Other Ways COVID-19 Might Affect Your Personal Injury Case

After you are hurt in an accident, then you should be seeing a doctor to be treated for your injuries.  COVID-19 may affect how you see your doctor (tele-appointment), or how frequently you are able to see your doctor.  The COVID-19 pandemic has also put a halt to elective surgeries.  All in all, COVID-19 may disrupt or delay what would be your normal course of treatment.

Don't Let COVID-19 Keep You From Getting a Good Personal Injury Attorney

The personal injury attorneys at Harris & Engler help clients all across Ohio.  The law firm of Harris & Engler takes extraordinary safety precautions when it comes to COVID-19.  The personal injury lawyers at Harris & Enlger can consult with you over the phone and can conduct business electronically in order to best serve you.  If you want to discuss your personal injury case then please feel free to give us a call at (614) 610-9988.

Ohio Civil Rules of Procedure Amended to Give More Time to Litigators for Summary Judgment Motions

The Supreme Court of Ohio adopted changes to the Ohio Rules of Civil Procedure, including Civ.R. 6, which was amended to expand the timeline for which a response to a Motion for Summary Judgment is due from 14 days to 28 days.  The timeline for repsonses to all other motion sremains at 14 days and all replies to responses remain at 7 days.  The effective date of the amendment is July 1, 2019.

This is good news for litigators as it provides more time to prepare a response to a motion for summary judgment.  The Central Ohio law firm of Harris & Engler has attorneys well experienced in civil litigation who know the value of a few extra weeks to respond to a motion for summary judgment.  A motion for summary judgment is just one possible tool an attorney can use to try to win a civil lawsuit before trial.  It is an in depth and time intensive motion to prepare.  Two weeks has always been a very short timeline to prepare a response to a motion for summary judgment.  28 days will be better suited to allowing civil litigation attorneys more time to draft well researched and well written responses.  

What To Do About Personal Injuries in Columbus, Ohio

If you've been hurt in an accident and that accident was someone else's fault, then you may be wondering what you can do about it.  Attorney Evan T. Engler is a personal injury attorney and partner at the Columbus, Ohio based law firm of Harris & Engler.  Evan T. Engler has helped clients in Columbus and across Ohio with their personal injury cases and he helps clients get the compensation they deserve.  If you've been hurt, you may be wondering if you have a personal injury case, and if so, what you can do about it.

What To Do About Your Personal Injury Case

The first thing to keep in mind is that Ohio has a two year statute of limitations for personal injury negligence cases, and a one year statute of limitations for medical malpractice.  That means if you don't bring your personal injury case within two years of being injured, then you can't bring it at all.  You only have one year from the date of injury to bring a medical malpractice case.

The most important thing you can do to help your personal injury case is to go to your doctor in order to get your injuries fully evaluated and diagnosed and then follow your doctor's orders for the treatment of your injuries.  There are many times when someone gets hurt in an accident and then calls an attorney to see what their case is worth and then the attorney will come to find out that the victim never went to the doctor.  If you did not think your injuries were serious enough to see a doctor, then an insurance company is not going to think your injuries are serious enough to compensate you for it.

Finding a Personal Injury Lawyer in Columbus, Ohio

When you've been injured in an accident, the biggest priority is talking to a medical doctor about your injuries and treatment.  The next most important thing is finding a good personal injury attorney.  Evan T. Engler is a personal injury lawyer who helps accident victims in Columbus and all over Ohio.  If you want to do things right and get maximum compensation for your injuries, then you should talk with an experienced personal injury attorney.  Evan T. Engler has vast experience helping his clients get fully compensated for their injuries.  You can call Evan today to discuss your case by calling (614) 610-9988.

Central Ohio Lawsuit Attorneys

In a civil lawsuit, you're either the person who filed the lawsuit (the Plaintiff) or the one that the lawsuit was filed against (the Defendant).  If you're the Plaintiff, then the only point to filing a lawsuit is to try to win it.  An experienced civil litigation attorney can help your chances of winning a lawsuit by gathering together all the relevant documentation and evidence before the lawsuit is filed in order to properly build your case.  

If you're the Defendant, then you want to try to make the lawsuit go away as fast as possible.  The Defendant is a stressful position to be in in a lawsuit because unless you can forcibly make the lawsuit go away, then the Plaintiff is in control of the lawsuit and moving it forward.  An experienced civil lawsuit attorney may be able to get the lawsuit to go away through a Motion to Dismiss, Motion for Summary Judgment, or victory at trial.

The Columbus, Ohio based law firm of Harris & Engler has experienced litigators who help clients file or defend lawsuits in Columbus, Delaware, and greater Central Ohio.

How to Win a Lawsuit as a Defendant

If you've been named as a Defendant in a lawsuit, then you need an attorney, plain and simple.  There are a few options at an experienced litigators disposal for trying to win a lawsuit outright for the Defendant.  First, if there is some procedural or technical error with the Complaint, then an attorney can file a Motion to Dismiss the lawsuit.

If a Motion to Dismiss is not appropriate or unsuccessful, then the next step that an experienced litigator would do is conduct discovery (forced exchange of information and evidence) with the opposing party in order to build the Defendant's case.  Then, if it is appropriate to do so, the attorney can file a Motion for Summary Judgment.  A Motion for Summary Judgment can only be filed when there is no dispute about the facts of the case, just the law.  For example, if the crux of the case is that the Plaintiff says that Sally caused the car accident and the defense says that Sally wasn't even in the car, then that is a material dispute of fact and the case cannot be resolved through summary judgment.  If a Motion for Summary Judgment is either not appropriate or unsuccessful, then the next way to potentially end the case is through settlement.  

If both parties are able to reach an agreement amongst themselves, then there is no reason to proceed further in litigation.  A good litigator is also a highly skilled negotiator.  If negotiations fail to produce the desired result, then the only next step is to try the case.

A civil case can be tried in front of a jury or it can be a bench trial where it is decided by a Judge.  Usually it is the Plaintiff that decides whether it will be a jury trial or not, but the Defendant can also request a jury trial.

How to Win a Lawsuit as a Plaintiff

A lot of the steps are similar or the same for winning a case as a Plaintiff as they would be with a Defendant, except that the first step for the Plaintiff might be winning the lawsuit through Default Judgment.  If the Defendant does not file an answer to the Complaint, then the Plaintiff can file a Motion for Default Judgment and win everything they asked for in the Complaint.  

Beyond that, the process is the same, in that the Plaintiff will conduct discovery, file a Motion for Summary Judgment, if appropriate, to win the case, negotiate, if appropriate, or just take the case to trial.

Only an experienced civil litigation attorney gives you the best chance to win your case.  The law firm of Harris & Engler represents either Plaintiffs or Defendants in Columbus, Delaware, and greater Central Ohio.

Experienced Litigators Giving You the Best Chance to Win Your Lawsuit

The attorneys at Harris & Engler have vast experience helping both Plaintiffs and Defendants with their lawsuits in the Columbus, Delaware, and greater Central Ohio area.  The litigators at Harris & Engler know that for a Plaintiff, the case is built up front before filing suit and during discovery after a lawsuit is filed in order to build your case in the best position possible for success.  For defense of a lawsuit, a number of different strategies and tactics can be used.  It is usually the goal of Defendants to make the lawsuit go away as quickly and as cheaply as possible.  

Whether you are a Plaintiff or Defendant, if you'd like to consult with an experienced civil litigation lawyer, you can speak to one today by calling Harris & Engler at (614) 610-9988.
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Disclaimer:  Harris & Engler offers this website and the content on it for informational purposes only, as a service for our clients and friends.  The contents of this site are not considered legal advice for any purpose, and you should not consider them as such advice or as legal opinion on any matters. 

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