Crime Victims Representation

   Crime Victim Legal Representation

The Realities and Procedures

 

Of all the crimes committed a violent act upon an individual whether with a weapon or via a vehicle when an operator of a vehicle is under the influence of drugs and alcohol, leaves not only physical injuries and scars but months or years of emotional and mental scars.

According to a study done in 2022 by Law Enforcement Today, there was a slight drop in crime from 2019 but the murder rate increased following Covid-19. Only certain cities were studied (those with already high crime rates), so this is not a total validated study, and research continues. (1)

Violent crimes can occur anywhere and many times without apparent reason. Student dormitories and other public buildings are especially prone to attracting culprits who commit violent crimes.

However, homeowners can also be targeted, as can the elderly as violent crimes can many times occur during a robbery in a convenience/department store and home invasions oftentimes turn violent.

There is a wide variety of violent crime that impacts individuals: assault and battery, rape and sexual assault, as well as vehicular injury and death, as well as wrongful death, can occur during a violent crime.

2 Crucial Components of Crime Victim Representation

When representing a crime victim against a defendant, whether an insurance company or the perpetrator, a great crime victim attorney must consider the physical injuries as well as the emotional injuries. The two parts are:  

  1. The severity of the physical injuries

These must be addressed completely, as well as the long-term effects on financial difficulties or life changes that might occur. The spectrum of physical injuries can be wide, from traumatic brain and spinal injuries, as well as loss of limbs and functioning.

Physical rehabilitation is oftentimes needed and can last for months or years. This needs to be compensated. A wrongful death may also come into play.

  • Emotional injuries cannot be dismissed

These can be “hidden” injuries as crime victims can experience shame many times, especially in rape and sexual assault. Crime victims can suffer from depression and PTSD (Post Traumatic Stress Disorder) for years or a lifetime after a crime is committed against their person.

They can many times “suffer in silence” and not find much empathy from friends and family who can tell them to move on. This is easier said than done and the gamut of emotions can run from anger to depression and severe and pervasive anxiety. Psychological and/or psychiatric treatments must be properly compensated and last for months or even years.

Conclusion on Crime Victim Representation

The changes individuals experience as victims of crime is studied in length and colleges now offer courses in Victimology. (2) This is not the study of the crime itself but the range of emotions that victims experience, everything from initial anger, to shame and sometimes social isolation. A feeling of “disconnection” from real life is also common.  

A crime victim attorney will have resources available in the form of specialists in Victimology to mitigate the emotional impacts of a crime. Resources in the form of physicians who specialize in injuries must also be present.

Obtaining the correct amount of compensation does involve addressing both the physical and emotional impacts of a crime upon a person and an attorney that represents crime victims should indeed know this and be the “voice” of the victim to prevent the crime victim from being victimized twice: once by the perpetrator of the crime and the second time by the judicial system.

While the Statute of Limitations is wide for the prosecution of perpetrators, the Statute of Limitations for personal injuries caused by perpetrators against crime victims can be a mere two to three years in most states. Contacting an attorney experienced in criminal injuries is paramount as soon as possible.

Christian J. Hoey, Esquire, and the team at Hoey Legal, of Paoli in Chester County, have the resources, compassion, and empathy to deal with all types of crimes against persons. All initial consultations are free.

With millions won and a track record of providing the greatest guidance in these types of cases, Hoey Legal should be contacted immediately whenever a crime against a person either through intentional or non-intentional harm occurs.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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