Being the victim of a sexual assault in Florida can result in a complex legal battle to recover the compensation that you deserve. Why? Primarily, this is due to the reality that Miami yachts and other vessels are often subject not only to local Florida law, but also maritime law. In order to build a strong case to recover the damages you deserve after a sexual assault on a yacht, you need to have a thorough understanding of how maritime and local law applies to the unique facts and circumstances of your case.
After a sexual assault, the unique facts and circumstances of your case will determine the liable parties. Generally, you are able to file a lawsuit against the person who assaulted you, as they are directly and personally responsible for their actions and the repercussions of them. In some instances, other parties may also be responsible for your damages for neglecting to protect you or ensure a safe environment.
If you were sexually assaulted by a crewmember on the yacht, the employer of the crewmember could also be held legally responsible for your damages. How? Because given that the crewmember engaged in the assault while employed on the vessel, their employer is responsible. In situations where the yacht owner failed to provide for the safety of crewmembers and passengers through negligent security or by allowing dangerous passengers or crewmembers onboard, the owner could also be held liable.
While you might think that a sexual assault is only a criminal matter, that is not the case. When someone engages in an illegal activity like a sexual assault, they can be subject to criminal charges that would require them to pay fines, face imprisonment, and obtain felon status. A criminal conviction, however, does not provide for damages to the victim. This is why you will need to pursue a civil lawsuit to collect compensation for your damages. Monetary compensation from a civil suit can include:
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You should meet with a maritime injury attorney on our team to discuss the specific circumstances of your case—it is possible that the Jones Act and/or Florida workers’ compensation may apply to your sexual assault claim.
You should report the incident to the captain and Miami authorities and seek medical attention as soon as possible. We understand how difficult and invasive it is, but photos of any marks on your body and photos of where it happened can help your case. Finally, speak with a lawyer ASAP.
It is illegal for an employer to implement any repercussions on an employee for reporting a rape or sexual assault. If this happened to you, contact us immediately to speak in confidence with a lawyer knowledgeable in handling sexual assault claims involving a yacht or other vessel.
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