Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
First, if you have not already done so, you can notify the police. There are many reasons to do this, but one of them is that if the person is convicted of rape, you will AUTOMATICALLY win the civil suit. So, step one is to call the police or go down to the station and file a report.
In civil court, rape would be sued under battery. That covers all unlawful touchings.
You have two years from when the rape occurred to file a lawsuit. The statute of limitations for defamation is also two years.
How to file the case is going to depend on how much you're seeking in damages. If you're seeking less than $10,000, including punitive damages, you can file on your own in Small Claims Court. It sounds like you're probably looking for more than that, which means you'd file in Superior Court. Most lawyers take these cases on contingency, meaning that you only pay when you win. You do have to pay a percentage of your recovery, but you have a chance of recovering more money than you'd get on your own. So, that may be something to look into. A good place to find a lawyer near you is www.martindale.com.