When the criminal system isn't enough, SGB’s civil attorneys can help

While no one expects to be the victim of a crime, it’s the stark reality for some. SGB’s team of experienced attorneys knows the ins and outs of the criminal justice system and works collaboratively with prosecuting attorneys while advocating for our clients’ best interests.

This week is National Crime Victims’ Rights Week, but it’s always important to know your rights as a crime victim.

1. The prosecutor is not your attorney.

After a crime has been committed, a prosecutor is appointed to determine whether the government will pursue a criminal case against the perpetrator. The prosecutor represents the government's interests and makes discretionary decisions based on what they believe is in the best interest of the public. Frequently, that aligns with victims' wishes, but not always.

When you contact SGB to represent you as the victim of a crime, our role is to directly advocate for victims and families. SGB attorneys are singularly invested in the best interests of our clients.

2. Restitution Alone May Not Be Enough

When a criminal is convicted, the court may order the defendant to pay restitution for financial losses related to the crime. But restitution is limited – it can only come from the criminal defendant and may be set on a payment schedule that compensates victims nominally over long periods of time. It does not account for physical harm, emotional suffering, or long-term impact.

As civil attorneys, we pursue additional compensation from well-resourced institutions and organizations who may have been responsible for preventing or reporting the crime.

3. A Civil Claim Can Target More Than Just the Offender

Having an SGB attorney on board helps clients determine whether another entity's failures or negligence led to their victimization. While no amount of money can undo the harms caused by a crime, we can help clients recover damages from those who failed to prevent it in the first place.

Negligent security cases are one example. When a crime occurs on someone's property and the property owner failed to provide adequate security measures, they may share legal responsibility for what happened. SGB recently secured an $11.05 million settlement for a gun violence survivor who suffered a traumatic brain injury in a business parking lot, holding the property owner accountable for failing to maintain a safe environment for customers.

Civil liability may apply with other properties and relationships, such as:

• The Department of Corrections and supervisees they monitor

• Elder care facilities or hospitals and their residents and patients

• Schools, daycares, or clubs and children under their care

• Businesses and their patrons

• Employers and their employees

• Landowners and tenants

4. Your Civil Claim Has a Deadline – Even Before the Criminal Case Ends

Often, crime victims have a civil claim with a nexus to the criminal conduct that can grow stale while the criminal case takes its course. Depending on the situation, the statute of limitations for pursuing civil action may be two to three years from the time of the crime – meaning a victim may need to commence civil action before the criminal case concludes.

5. A Civil Attorney Protects Your Rights Throughout the Criminal Process

State law requires that victims are afforded certain rights that protect their privacy, ensure their safety, and offer support. Civil attorneys safeguard these rights so victims are protected from further trauma and so that prosecutors can focus on their primary task of seeking justice.

Washington's Crime Victims Bill of Rights guarantees victims meaningful protections throughout the legal process, including:

• The right to be informed – victims must be notified of hearings, case developments, and the offender's status.
• The right to be present – victims may attend court proceedings, including trial and sentencing.
• The right to be heard – victims have the opportunity to submit a statement at sentencing.
• The right to restitution – offenders can be ordered to compensate victims for financial losses.
• The right to protection – victims are entitled to reasonable safety and privacy measures throughout the process.

If you or someone you love has been a victim of a crime, SGB is here to help. There is no charge for us to review your potential claim. If we take your case, we do so on a contingency basis, meaning you don't pay our fees unless we successfully resolve the claim in your favor. Contact us at 1-800-809-2234.