Suffering an assault is incredibly devastating. When due to the actions of your Texas doctor, a sexual assault may understandably leave you grappling with a wide range of emotions—shock, anger, confusion, and fear.

It’s devastating to experience a betrayal of trust of this magnitude by someone who was supposed to care for your well-being. Understanding your legal options and knowing how to seek help is crucial in the aftermath of such a traumatic event. This guide aims to clarify how a lawyer can assist you, what you might expect regarding recovery, and the statute of limitations for these claims in Texas.

How a Lawyer Can Help

Navigating the aftermath of sexual assault, especially when the perpetrator is a trusted medical professional, is incredibly challenging. An experienced attorney provides support in a myriad of ways during this process, including:

• Legal representation and advocacy. A lawyer represents you in court, ensuring the sensitive handling of your case. They’ll advocate on your behalf, holding the perpetrator accountable for their actions and seeking justice for you.
• Gathering evidence. Your lawyer collects and preserves critical evidence, including medical records, witness statements, and other pertinent documentation. This essential evidence proves your case and establishes the facts.
• Navigating legal procedures. Your attorney guides you through every stage, from filing a complaint and navigating discovery to negotiating settlements or presenting your case in court. Their experience ensures you don’t have to face these challenges alone.

An attorney works to protect your interests while pursuing justice on your behalf. As you focus on healing and recovery, your attorney ensures the doctor who harmed you is held responsible for their actions. 

What to Expect in Terms of Recovery

In Texas, there is a difference between criminal and civil sexual assault cases. For example, those harmed in a sexual assault may be entitled to various types of compensation outside of pending criminal charges, depending on the specifics of their case. Examples of potential recoverable damages include: 

• Economic damages. Economic damages cover tangible financial losses resulting from the assault, including medical expenses for treatment and therapy, lost wages if you’ve been unable to work, and other costs related to the assault.
• Noneconomic damages. Non-economic damages can be substantial and aim to compensate for the emotional and psychological toll of the assault on your well-being. These damages cover pain and suffering, emotional distress, and any loss of quality of life.
• Punitive damages. In cases of particularly egregious behavior, courts may award punitive damages. A court awards punitive damages not to compensate the victim but to punish the perpetrator for their actions and deter others from similar conduct.

Understanding how much your case may be worth and what you may be entitled to recover requires the assistance of a qualified attorney. Take advantage of getting the financial support you need to get back on your feet by choosing to defend your case alone.

Who Else May Be Liable?

As your attorney investigates the details of your claim, it may become apparent that other parties may be liable for your assault. Other potentially liable parties include:

• The medical facility. If the assault occurred within a medical facility, such as a hospital or clinic, the institution may also be held responsible for the doctor’s actions. The facility could be liable for failing to supervise or screen the doctor properly.
• Healthcare providers. If systemic failures within the healthcare system contributed to the assault, other healthcare providers or administrative staff might share some liability. Potential liability areas include inadequate training, supervision, or enforcement of policies that failed to prevent the assault.

Holding all parties responsible for your experience and subsequent pain is important to you and your family moving forward in a positive direction. 

Related: Dentist Sexual Assault Lawsuits in Texas

Statute of Limitations for Sexual Assault Claims in Texas

Understanding the statute of limitations is crucial for taking timely legal action. In Texas, the timeframes for filing a claim are as follows:

• Criminal cases. For criminal prosecution, you generally have ten years from the offense date to press charges. If DNA evidence identifying the perpetrator is available, the timeframe may be extended, allowing prosecution beyond the standard limit.
• Civil cases. In civil cases, where you seek damages for your suffering, you typically have five years from the assault date to file a claim. This period allows you to seek compensation for your losses and hold the perpetrator accountable.

It is essential to have a knowledgeable attorney on your side to understand how the statute of limitations applies to your case.

Exceptions to the Statute of Limitations

Certain exceptions apply in particular situations extending the statute of limitations for any specific case, including:

• Discovery rule—the statute of limitations begins when you discover or should have discovered the injury and its connection to the assault; and
• Age—if you were a minor at the time of the assault, the statute of limitations does not begin until you turn 18, providing additional time for those who may not be ready to take legal action.

Consulting with a knowledgeable attorney can help you understand the applicable timelines to your case and whether you qualify for any exceptions.

Contact Us 

At Grossman Law Offices, we bring over 30 years of combined legal experience to every case we handle. Our commitment goes beyond just winning cases; we understand that when you come to us, you're facing one of the most challenging times in your life. We know that you need more than just legal representation—you need someone who will listen with compassion, treat you with respect, and guide you through this difficult journey. Our team is dedicated to helping you move forward. Reach out to us today by phone or email for a free consultation, and let us show you how we can support you.