With the rise in ridesharing apps in recent years, people have been using services like Uber more and more to get from point A to B. Most of the time, they do so safely. Sometimes, however, passengers have suffered abuse from drivers, including sexual assault.
Sexual assault is a serious act with criminal consequences. But when you’ve been abused by an Uber driver, you may also be entitled to financial compensation for your physical, financial, and emotional damages.
Read on to learn more about how a personal injury lawyer can help you file a claim for an Uber driver assault.
The Basis for Compensation After an Assault
Sexual assault is a crime in the state of California. If you’ve been assaulted by an Uber driver, reporting the crime to the authorities could lead to a prosecutor filing criminal charges against the individual in question. And while this could help give you a sense of closure, it does little to personally compensate you for the awful experience you’ve lived through.
This is where filing a civil suit against the person responsible for your assault is different. Claims and lawsuits in civil court are related to private complaints and compensation for private wrongdoings.
The basis for seeking compensation is the very real damages that you have suffered as a survivor of sexual assault. Rideshare companies could potentially be held liable through the doctrine of vicarious liability for an employee’s actions. This same legal tactic has been the subject of numerous lawsuits in California and beyond in recent years.
With the help of a sexual assault lawyer, you can file a claim seeking civil remedy for damages including:
- Medical bills related to the assault
- Psychological treatment
- Pharmaceutical expenses
- Lost income
- Pain and suffering
- Loss of enjoyment of life
- And other related damages
The damages you can suffer as a victim of sexual assault are multifaceted and complex, which is something a civil settlement should seek to address.
Timeline for Filing a Claim in California
One important thing to remember for filing a claim for sexual assault is that it is a time-sensitive issue. In California, the state’s statute of limitations generally sets a deadline for filing of ten years after the last act of assault occurred, or three years after discovering it, for adults.
For children, it can vary depending on the date of discovery, but the deadline is generally five years from the date of becoming aware of the damages, or until the age of 40.
Issues related to discovery and the statute of limitations can be quite complicated. Once the deadline has passed, it becomes impossible to file a claim to recover damages. Sadly, some survivors have waited too long to take action in the past, so the best course of action is to contact a sexual assault attorney as soon as feasible to ensure that your rights are protected.
Reach Out to a Sexual Assault Lawyer in San Diego Today
As a survivor of sexual assault, you deserve the aid of a compassionate and empathetic attorney who can help you seek the compensation you deserve. At The Kindley Firm, APC, we have the trial experience to help you secure the best possible result in your case.
Call 619-550-1313 or fill out the form below to get started with a free consultation.