In some cases, victims may hold responsible third parties whose negligence created or facilitated the conditions that enabled the abuser to commit the crime. This may include schools, apartment managers, employers, nursing homes or daycare centers. Lawsuits by victims encourage business owners or government entities to improve security and reduce the potential of future crime.
As a Deputy District Attorney for Multnomah County I prosecuted homicides, sexual abuse, child sexual abuse, felony assaults and many other violent crimes. I also worked in juvenile court prosecuting minors who sexually abuse other children. Every victim of crime comes to the court system with different needs and expectations. An essential part of any successful case is making sure that the victim’s needs are met and treating them with the respect and care that they deserve. While sending a criminal to prison or making them pay you money will not undo what was done, it can go a long way to achieving closure. I have helped literally thousands of victims of crime receive some measure of justice in our court system.
Representing victims continues to be a priority of mine in private practice. Whether someone is the victim of a reckless driver, an assault, or their child or elderly parent was abused by a trusted caregiver, it is important for them to consult with an attorney who is versed in the both the criminal and civil systems. Many attorneys will jump into a lawsuit without regard to the outcome of the criminal case. Since the criminal case can make or break the civil case so it is essential that your attorney is experienced and can properly advise you during the course of both. I often consult with the prosecutor working on the case to ensure that the actions we take during the course of the civil action will not jeopardize the prosecution of the wrongdoer. I also work with the prosecution to ensure that the criminal case resolves in a manner that is beneficial to the civil case. This can include a guilty plea instead of no contest plea and making sure that where there are multiple victims each is accounted for in the plea bargain.
As a crime victim you have a constitutional right to meaningfully participate in the prosecution of your offender. If the prosecutor fails to adequately involve you in the decision making process or even keep you informed of what is taking place in the case you may want to have an attorney represent your interests. Even if you are not interested in pursuing a civil remedy I am available to help enforce your rights under the Oregon Constitution during the criminal prosecution.
Even if your case was never criminally prosecuted it may still be a viable civil case. Very often victims do not involve authorities at the time of the abuse and only summon the courage to come forward years later. This does not mean that you are unable to file a civil lawsuit against your abuser. Even if the case was rejected for prosecution by the District Attorney the standard of proof in a civil case is much lower than in criminal court, therefore civil court may be a better option for your case. Additionally, in January of 2010 the statute of limitations for filing a lawsuit involving child abuse was extended, allowing victims even greater access to justice.
I represent victims of sexual and physical abuse at the hands of day care providers, foster parents, professionals, neighbors, school employees, relatives, friends, nursing homes, and Oregon state agencies. I also represent victims of drunk drivers, assault, physical abuse and neglect. In wrongful death cases I represent the estate of the deceased victim.
If you or someone you know suffered abuse at the hand of someone you trusted, it is imperative that you immediately contact The Law Office of Josh Lamborn to begin protecting your rights.
Call 503-546-0461 or email Josh atjpl@pdxinjury.com to schedule a free consultation regarding your case.
Common crimes that include a civil remedy: Homicide, Aggravated Murder, Murder, Manslaughter, Criminally Negligent Homicide, Rape, Sodomy, Sexual Abuse, Unlawful Sexual Penetration, Assault, and Kidnapping.
Crime Victim Resource Links:
Crime Victims United of Oregon
Department of Justice
Morrison Center (child and family services)
CARES Northwest (Child abuse assessments)
The National Alliance of Victims’ Rights Attorneys
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