At Cowen Edwards, we stand alongside any victim of sexual assault suffered on or around a college campus in the Fort Lauderdale area. Universities, fraternities, and sororities can be held accountable for the physical, emotional, and financial consequences of an attack.
We help victims prove that these entities failed in their duty to keep students, members, faculty, employees, and guests safe. Then we demand the maximum in support for victims. If you have been a victim, please contact our lawyers for a free, confidential consultation on how to seek justice and full support through recovery.
Do I Need a Lawyer After a Sexual Assault at a Fort Lauderdale Area College?
Yes. In many cases, your civil case will result in more support to pay for your recovery when a skilled lawyer handles your case. It’s also a protection for your case and for you when attorneys and insurance adjusters for the state and for private institutions attempt to discredit you and pick your claim apart.
These are just a few of the legal protections sexual assault victims will benefit from when turning their cases over to a skilled, experienced lawyer:
- Investigating the assault, gathering evidence, and identifying every entity that bears liability for what happened
- Securing all relevant surveillance video before it’s erased
- Tracking down witnesses before they become hard to find
- Explaining your rights and going over your options with you.
- Safeguarding your case when insurance adjusters and lawyers try to blame you or someone else or question the facts.
- Rejecting settlement offers that don’t meet the victim’s needs and demanding more
- Preparing for a lawsuit and trial if a college or university won’t accept full responsibility for its negligence and offer a fair settlement
- Helping you avoid further uncomfortable medical exams and testimony if at all possible
- Helping you prepare for questioning and examinations if they are required
Universities and Colleges Around Fort Lauderdale
The Fort Lauderdale area and Southern Florida overall are home to some great colleges and universities. These are some of the closest options for students:
- Florida Atlantic University
- Nova Southeastern
- Palm Beach Atlantic University
- Everglades University
- Lynn University
- Broward College
- The University of Miami
We can help local residents after they’ve been victimized. We can also help victims who attend college here but reside in other states or countries.
Can I Sue a University After a Sexual Assault?
Yes. Public universities must protect all students and employees from sexual assault and rape. When crimes occur, state-run schools can be liable for their failure to provide adequate security. They can also be fully accountable for failing to act to remove known risks and ignoring reports of risks.
The Board of Governors under the Florida Department of Education can face injury claims and lawsuits over their failures. The state may also be held partially or fully to blame for crimes that occur in Greek houses, especially when a school allows organizations to remain in operation after previous incidents.
Can I Sue a Private College After a Sexual Assault?
Yes. A private college would usually be treated as a private business in a personal injury claim over sexual assault. Through a settlement or a judgment in court, victims could receive justice and help with recovery.
Can I Sue a Fraternity or Sorority After a Sexual Assault?
Yes. Members pay dues and in return they are supposed to remain protected in Greek Houses, at events, and at parties.
Fraternities and sororities are massive, often national organizations, and many are run by corporations. Parent companies can be sued for the physical and emotional damages a sexual assault victim endures.
Sexual Assault Dangers for Students On and Off Campus
A Cowen Edwards lawyer will be investigating every entity that may have failed a student who has been targeted in a sexual assault. Several organizations may have to provide support to the victim.
These are just a few of the mistakes school administrators and frat and sorority houses can make that leave them fully liable:
- Failure to protect anyone on campus or at a Greek House or Greek function.
- Engaging in negligent security
- A lack of security measures and security personnel
- Hiring dangerous employees without proper background checks
- Inadequate supervision in dorms
- Inadequate lighting in parking lots and on walking paths
- Alerts, locks, security cameras that don’t work
- Failure to warn students and faculty of a known crime risk
- A university’s failure to take action against a student organization or Greek Organization for sexual assault reports
- Trying to cover up a sexual assault or rape
The safety lapses can multiply off campus in Greek housing and at parties:
- A lack of security at Greek events
- Hazing safety neglected
- A failure to take action to prevent known sexual assault risks involving alcohol consumption
- Allowing further emotional trauma and humiliation after a rape is reported
- A lack of security to prevent the spiking of drinks
In some cases, the lack of care shown by a school, or a fraternity or sorority, can reach a level of “gross negligence.” This is a lapse in judgment that is so reckless that it’s considered a flagrant violation of an organization’s duty to care for its members, students, and employees.
Gross negligence can lead to a judge assessing “punitive damages” on a college or fraternity. These damages are meant to punish the school or organization and to deter further violations. The punitive damages aren’t levied with the victim in mind, however, the victim would receive the financial penalty along with any judgment received. This could substantially increase the support a sexual assault victim received.
What Sort of Things Would Be Compensated in a College Sexual Assault Case?
Victims of rape or sexual assault must ask those who allowed the crime to happen for support for every hardship they’ve been through. This can include the physical, and emotional damage that’s been done. A settlement must also factor in the financial cost of medical and mental health care.
These are a few of the economic and non-economic damages your attorney would demand support for:
- All medical costs for as long as care is needed
- All costs for trauma therapy and mental health care for as long as necessary
- Support for the pain victims experience
- Support for the emotional toll an attack takes, including a loss of enjoyment of life, the humiliation and embarrassment experienced
- Support for the violation of privacy victims endure
- The loss of income when victims are unable to return to work
- The delay of a college journey due to a violent attack
Will I Have to Go to Court to File a Civil Claim?
In most cases, a settlement would first be sought. Your lawyer negotiates with the state’s or the organization’s liability insurance providers. The maximum in support available must be the goal to give victims the best chance to rebuild their lives and the funds to deal with the future effects of such a terrible tragedy.
If those at fault wouldn’t accept full responsibility for what happened, your lawyer would have a strong case prepared for trial. A lawsuit could be filed and the school system, a private college, or a Greek organization would be taken before a judge and jury.
This civil claim can be filed at any point, regardless of where criminal proceedings against a sexual assault suspect stood. The two cases would be decided separately.
Universities and colleges usually want to avoid going before a judge. They want to avoid the cost of going to court and the bad publicity. It’s usually an incentive to accept full liability and provide what’s fair to a victim.
Frequently Asked Questions
How long do I have to file a sexual assault civil claim against a college in Florida?
Victims have two years from the date of the incident to file a personal injury claim against a school or organization that contributed to the circumstances that led to a sexual assault. When reporting someone who committed a sexual assault, victims have up to four years to contact authorities.
What should I do right after a sexual assault?
You should contact 911 immediately and get help on the way. If the scene is secure and you feel up to it, you should get witness contact information. Take photos of any visual evidence that shows negligent security. Tell campus police or other investigators everything you can remember leading up to the crime.
Should I allow evidence collection and a medical exam?
Yes. You should allow medical examiners to check you out and conduct evidence collection for sexual assault. Allow this step even if you aren’t sure you will be filing charges. Also, get checked out by doctors even if you don’t feel like you are injured.
Dedicated Fort Lauderdale College Sexual Assault Lawyers
At Cowen Edwards we go to work to earn justice for victims while causing as little disruption to victims and their families as possible. We want to make sure the victims of crime have everything they require to begin to recover physically, emotionally, and financially.
When you’re the victim of sexual assault in Fort Lauderdale or on any Florida campus, or your child is a victim, we’ll be there to stand up for your rights and hold those responsible fully accountable. Don’t wait–contact us today to set up your free, confidential consultation.
