Every crime is a personal violation, and every victim reacts differently. What every crime victim has in common is that they need to find a way to process what happened to them and move on. One way to move on is for the perpetrator of the crime to be brought to justice, but even that can be problematic. Will the sentence fit the crime? More importantly, what will it take to make the victim whole again?
While recovering from a crime, you could feel depressed and hopeless, but there might be a means to seek a remedy and not just to compensate for any property loss. An experienced Seattle crime victim lawyer from the Law Offices of Justin R. Boland, PLLC may be able to present options for pursuing a legal remedy that can help with the healing process.
Those options might include filing a civil complaint that would compel the assailant to pay a settlement.
Crime Rates in Seattle
When a crime is reported, the Seattle Police Department responds in support of the victim. They take victim and witness statements, collect evidence, investigate the incident, and hopefully arrest the perpetrator. For the purposes of their reporting, the SPD classifies crime into two categories: violent crime and property crime. These are the crimes contained within each category.
Violent Crime
- Homicide
- Rape
- Robbery
- Aggravated Assault
Property Crime
- Arson
- Burglary
- Larceny-theft
- Motor Vehicle Theft
The rates for 2024 were 5,356 incidents of violent crime and 40,396 incidents of property crime.
Does a Crime Victim Need a Lawyer?
A crime victim does not need a lawyer in order to prosecute their assailant. That task is the responsibility of the Washington State Office of the Attorney General. It is common practice that a prosecutor won’t bring charges against an individual unless they feel they can prevail in court and achieve a guilty verdict. Of course, there is no guarantee that a jury will agree with the evidence presented in the case.
As the prosecution plays out, the crime victim might be called on to provide testimony first in a deposition and later as a witness for the prosecution. Crime victims are also entitled to certain rights to protect their privacy. Those are part of the Washington Crime Victims Bill of Rights.
In many criminal cases, a judge might order the defendant to pay restitution. That could be a lump sum payment or scheduled payments. The crime victim might need the support of an attorney to pursue those payments.
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Can You File a Civil Complaint Without Criminal Charges?
As mentioned, a prosecutor will only file charges if they are confident they can achieve a guilty verdict. That means the jury will find the defendant guilty beyond a reasonable doubt. That is a high standard to meet. However, in a civil suit, the jury has to be convinced by a preponderance of the evidence. That means the jury will believe the evidence, meaning it is more likely than not that the defendant committed the crime.
The bottom line is that a crime victim doesn’t need to have a criminal case to file a civil complaint, and they don’t have to wait until the criminal case is finalized before pursuing a civil claim.
When Should a Crime Victim Bring a Civil Suit?
A crime victim might have many reasons for bringing a civil suit against their assailant. For instance, someone might find themselves at a bar where a fight breaks out. They could be an unintended victim of assault and battery who are hurt by debris, shoving, or wild punches. Someone who also tries to break up a fight might also be assaulted. Since they didn’t instigate the crime, they have the right to pursue a remedy in civil court.
Additionally, the victim of a hit-and-run accident could pursue a remedy when the assailant is caught. The owner of a store, venue, bar, or restaurant could seek payment from someone who caused damage to their business.
How a Seattle Crime Victim Lawyer Holds Third Parties Accountable
The named defendant in a criminal matter might not be the only party that could be held responsible for the crime. A business or institution can be found negligent in its hiring practices or supervision. For instance, a bar might hire a doorman with a criminal history of assault. If that doorman instigates a fight, the bar owner and the doorman could be held responsible.
Also, the owner of a building who does not provide adequate security can also be held liable for a crime. For example, a tenant could move into an apartment building that has a security system preventing entry from uninvited guests. If that system breaks and the owner does not make repairs, it can lead to burglary or violent crime against one of the tenants. The owner could be held responsible for those criminal actions in that scenario.
Getting the Right Support
Seattle has established the Victim Support Team (VST). The VST’s mission is “to listen to survivors, help them identify what next step they want to take, address immediate safety concerns, and offer connections to resources in the community and within the Criminal Justice System.”
You can also find support from the Law Offices of Justin R. Boland, PLLC. We provide crime victims with the information they need to decide on the best option to move forward with a potential remedy that can help them get their lives back on track. Reach out to us today to learn if you have a potential claim after were a victim of a violent crime in Seattle.
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