Frequently Asked Questions
Answers about victim rights, compensation, premises liability, and working with attorneys
These FAQs cover victim support, your legal options including premises liability claims, and working with attorneys. Have a question that's not answered here? Contact us for personalized assistance.
Getting Started
Q1 What should I do immediately after a violent crime?
First, ensure your safety. Call 911 if you're in immediate danger. Seek medical attention for any injuries, even if they seem minor. Try to preserve evidence by not washing or changing clothes if possible. Document what happened, including taking photos of injuries and the scene if safe to do so. Consider contacting an attorney early. Many victims don't realize they may have a civil claim against the property owner where the crime occurred.
Q2 Is this service free and confidential?
Yes. The educational resources on this site are completely free. Attorney consultations are also free with no obligation. Your information is kept strictly confidential and we do not share it without your explicit permission.
Q3 I'm not sure if what happened counts as a violent crime. Can you still help?
Absolutely. If you're unsure whether your situation qualifies, please reach out anyway. We can help you understand what happened and explore all your options, including whether you have a potential civil claim.
Q4 How long do I have to take action?
For Missouri's Crime Victims Compensation Program, you typically have two years from the date of the crime. For civil lawsuits against property owners (premises liability claims), you generally have five years. However, evidence is easier to gather early, so it's best to consult with an attorney as soon as possible.
Understanding Your Legal Options
Q1 Can I sue the property owner where the crime happened?
Possibly. If the property owner failed to provide adequate security and the crime was foreseeable (based on prior incidents or the location's crime history), you may have a premises liability claim. This applies to gas stations, apartments, hotels, parking lots, bars, and other commercial properties. An attorney can evaluate whether your case qualifies.
Q2 What is premises liability?
Premises liability is a legal concept that holds property owners responsible when someone is injured on their property due to unsafe conditions or inadequate security. For crime victims, this means property owners can be held liable if they knew or should have known about crime risks and failed to take reasonable security measures to protect visitors.
Q3 What is negligent security?
Negligent security is a type of premises liability claim. It occurs when a property owner fails to provide adequate security measures (like proper lighting, working cameras, security guards, or functional locks), and someone is injured in a foreseeable crime as a result. If the property had a history of similar crimes and did nothing to prevent future incidents, this strengthens a negligent security claim.
Q4 How is a civil case different from a criminal case?
A criminal case is the state prosecuting the offender, which can result in jail time. A civil case is you suing the property owner (or other third party) for compensation. They are completely separate legal processes. The criminal case doesn't affect your right to file a civil lawsuit, and you can pursue both simultaneously. Civil cases have a lower burden of proof (more likely than not) compared to criminal cases (beyond reasonable doubt).
Q5 What factors determine if a property owner is liable?
Key factors include: (1) Foreseeability: was the crime predictable based on prior incidents or crime statistics for the area? (2) Inadequate security: did the property lack reasonable security measures like lighting, cameras, guards, or locks? (3) Causation: did the security failure contribute to your injuries? (4) The property owner's actual or constructive knowledge of the danger. An attorney can evaluate these factors in your specific situation.
Q6 Can I sue even if the criminal case isn't resolved?
Yes. Your civil lawsuit is independent of the criminal case. You don't have to wait for the criminal trial to finish, and you can file a civil claim even if the attacker is never caught or prosecuted. In fact, you may have a stronger civil case against the property owner than against the attacker, since property owners typically have insurance to cover claims.
Q7 What if I don't know who attacked me?
You can still pursue a civil claim against the property owner even if the attacker is unknown. Your lawsuit is based on the property owner's failure to provide adequate security, not on identifying the criminal. This is especially common in cases like sexual assaults, robberies, or assaults where the perpetrator fled the scene.
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Working With Attorneys
Q1 When should I talk to an attorney?
As soon as possible after the crime. An attorney can help you preserve evidence, understand all your legal options, and protect your rights. Even if you're unsure whether you have a case, a free consultation can provide valuable information. Waiting too long can make evidence harder to gather and may impact your claim.
Q2 Do I need a lawyer for a premises liability claim?
While not legally required, it's highly recommended. Premises liability cases are complex and require proving the property owner's negligence, establishing foreseeability, and often involve expert testimony from security professionals. Insurance companies have experienced lawyers. You should too. Most premises liability attorneys work on contingency, meaning no upfront fees.
Q3 How much does a premises liability attorney cost?
Most premises liability attorneys work on a contingency fee basis, which means they only get paid if you win your case. Typically, the attorney receives a percentage (often 33-40%) of your settlement or verdict. There are no upfront costs, and if you don't win, you don't pay attorney fees. The initial consultation is always free with no obligation.
Q4 What information should I gather for my attorney?
Gather: (1) Police reports and incident reports, (2) Medical records and bills, (3) Photos of your injuries and the property, (4) Witness names and contact information, (5) Documentation of lost wages, (6) Any prior knowledge of crimes at that location (news articles, police CAD reports), (7) Property security features (or lack thereof), and (8) Any correspondence with the property owner or their insurance.
Q5 What is my case worth?
Case value depends on many factors: severity of injuries, medical expenses (past and future), lost wages and earning capacity, pain and suffering, emotional distress, permanent disability, and the strength of evidence against the property owner. Your attorney can provide an estimate after reviewing your case. Premises liability cases can range from thousands to millions depending on circumstances.
Q6 How long does a premises liability case take?
Most cases take 1-3 years from filing to resolution. Some settle within months, while complex cases may take longer. Factors affecting timeline include: investigation needs, expert reports, discovery process, settlement negotiations, and whether the case goes to trial. Your attorney will keep you informed throughout the process.
Compensation & Benefits
Q1 What is the Missouri Crime Victims Compensation Program?
Missouri's Crime Victims' Compensation Program is a state fund that helps crime victims with certain expenses. It can cover medical bills, counseling, lost wages (limited), and funeral costs. However, it has caps and limitations and doesn't compensate for pain and suffering. You don't need to file a police report in all cases, but you typically must apply within two years of the crime.
Q2 What expenses does victim compensation cover?
The program typically covers: medical and dental expenses, mental health counseling, lost wages (up to a certain limit), funeral and burial costs, crime scene cleanup, and relocation expenses in some cases. It does NOT cover property loss, pain and suffering, or punitive damages. There are also maximum limits on total compensation.
Q3 Can I get both victim compensation AND sue the property owner?
Yes, you can pursue both. However, if you receive victim compensation and later win a civil lawsuit, the compensation program may have a right to be reimbursed from your settlement (called subrogation). Your attorney will handle this. The advantage of a civil lawsuit is that it can recover full damages including pain and suffering, which victim compensation doesn't cover.
Q4 What if I had to miss work because of the crime?
Both victim compensation and civil lawsuits can help. The Missouri Crime Victims Compensation Program may cover some lost wages, but it has limits. A civil lawsuit against the property owner can recover full lost wages, lost future earning capacity if you can't return to your job, and compensation for career impact. Keep all documentation of missed work and lost income.
Q5 How long does it take to get compensation?
Victim compensation claims typically take 30-90 days for a decision after you apply, though complex cases may take longer. Civil lawsuit settlements or verdicts usually take 1-3 years. However, your attorney may be able to negotiate partial advances or help you access medical treatment on a lien basis while your case is pending.
Your Rights & The Criminal Process
Q1 What rights do I have as a crime victim in Missouri?
Missouri law provides crime victims with numerous rights, including: the right to be informed about the criminal case progress, the right to be present at court proceedings, the right to be heard at sentencing through a victim impact statement, the right to restitution from the offender, protection from the accused, and the right to be treated with dignity and respect. You also have the right to consult with the prosecutor and be notified of plea agreements.
Q2 Do I have to participate in the criminal case?
While cooperation can be important for prosecution, the decision to participate is yours. The prosecutor represents the state, not you personally. You can choose your level of involvement. Importantly, your participation in the criminal case is separate from pursuing a civil claim against the property owner. You have independent rights to file a civil lawsuit regardless of the criminal case outcome.
Q3 Will I have to testify in court?
It depends. For the criminal case, you may be called as a witness if the case goes to trial, but many cases resolve through plea agreements. For your civil case against the property owner, you will likely need to give a deposition (testimony under oath before trial) and possibly testify at trial if your case doesn't settle. Your attorney will prepare you thoroughly for any testimony.
Q4 What is a victim impact statement?
A victim impact statement is your opportunity to tell the court how the crime has affected you physically, emotionally, and financially. You can present this at sentencing in the criminal case. It's separate from your civil case. The statement can describe your injuries, trauma, financial losses, and the crime's impact on your life and family.
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