Sadly, crime is very common throughout the United States. When crimes occur, federal and state prosecutors are responsible for seeking justice and accountability on behalf of society. But what about crime victims themselves? Fortunately, the law provides them with a legal route toward compensation as well. If you suffered an injury or loss as the result of a crime, you should speak to an attorney as soon as possible to ensure that your right to compensation is not compromised. The legal team at Butler Kahn is ready to evaluate your case and make sure you know your rights and options. Call us today for a free, confidential consultation with an experienced attorney near you. Read on to learn more about the intersections of civil and criminal law.
Butler Kahn is a Roswell personal injury law firm that represents crime victims in civil lawsuits throughout North Fulton County and metro Atlanta. If you were hurt by someone else’s criminal act—whether assault, robbery, sexual violence, or a shooting—you may have the right to pursue compensation separate from any criminal prosecution. A civil lawsuit gives you control over your own case and can recover damages that the criminal justice system simply cannot provide. Contact Butler Kahn at (770) 766-1056 for a free consultation with a Roswell crime victim lawyer.
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National and State Crime Statistics
Crime victims in Roswell and across Georgia often face significant physical, emotional, and financial hardships. Understanding the scope of violent crime helps illustrate why civil remedies exist to help victims recover. According to the Federal Bureau of Investigation (FBI), an estimated 1,203,808 violent crimes were committed in the United States in 2019. This translates to about 370 violent crimes for every 100,000 residents. The numbers break down by percentage as follows:
Percentage of Total Violent Crimes
Firearm Use
Aggravated assault
68.2 percent
27.6 percent
Robbery
22.3 percent
36.4 percent
Rape
8.2 percent
Not available
Murder
1.4 percent
73.7 percent
Further, according to the Georgia Bureau of Investigation (GBI), 187,977 crimes were committed within the state in 2021. Property crimes totaled 153,750, and violent crimes totaled 34,037. These numbers translate to a criminal offense every 2 minutes and 45 seconds, a non-violent offense every 3 minutes and 24 seconds, and a violent offense every 15 minutes and 26 seconds. Violent crimes frequently cause traumatic injuries including traumatic brain injuries, spinal cord damage, and lasting psychological harm that require extensive medical treatment and long-term care.
What Is the Difference Between a Civil and Criminal Case?
Many crime victims are surprised to learn they can pursue both criminal charges through the prosecutor and a separate civil lawsuit for compensation. These are distinct legal processes with different purposes, standards of proof, and outcomes.
The purpose of a civil lawsuit, including those based on an underlying crime, is to resolve a conflict between private parties. The individual who files the case against the defendant is known as the plaintiff. More specifically, the purpose of a personal injury lawsuit is to provide parties injured at little to no fault of their own with a route toward compensation from the at-fault party. Fault in a civil case must be shown by a “preponderance of the evidence,” which essentially means that the defendant’s culpability must be at least more likely than not. If this is successfully shown, the court will order that the defendant compensate the plaintiff for their injuries and losses.
By contrast, the goal of a criminal prosecution is to redress an offense against society itself by determining whether someone charged with a crime is guilty. Guilt must be proved “beyond a reasonable doubt,” which requires near certainty that the person charged actually committed the crime. If guilty, a court will impose an appropriate sentence as punishment. Depending on the nature and severity of the crime, penalties may include jail time, fines, probation, and restitution to crime victims. This means a defendant can be found not guilty in criminal court but still be held liable in a civil lawsuit—as happened in the famous O.J. Simpson case.
What Types of Civil Crime Victim Cases Do We Handle?
If you suffered an injury or loss as the result of a crime in Roswell, Alpharetta, Johns Creek, or anywhere in North Fulton County, you may be entitled to compensation through a civil lawsuit. The experienced attorneys at Butler Kahn are ready to help you secure full and fair compensation in civil court. We have the experience and skill to handle a wide variety of civil crime victim cases, including those involving:
Many crime victim cases also involve negligent security claims against property owners. When crimes occur at apartment complexes, shopping centers, parking garages, or hotels due to inadequate lighting, broken locks, or lack of security personnel, the property owner may share liability for your injuries alongside the actual perpetrator.
What Compensation Can I Recover in a Crime Victim Lawsuit?
Crime victims in Georgia have several legal routes to secure compensation. Understanding your options helps ensure you pursue every available avenue for recovery.
Compensatory damages – This form of damages is awarded in civil cases to compensate for economic and non-economic losses. Depending on the severity of your injuries and losses sustained because of the crime, you may be compensated for medical expenses, lost income, pain, suffering, and more. Further, if the crime victim was killed, their family may seek compensation through a wrongful death lawsuit, and their estate may do so by filing a survival action.
Punitive damages – Unlike economic and non-economic damages, which are awarded to the plaintiff as compensation, punitive damages (sometimes known as exemplary damages) are awarded as punishment for the defendant. Though rarely granted, this form of damages may be available in civil cases involving seriously irresponsible, malicious, or otherwise reprehensible behavior. Intentional crimes often meet the threshold for punitive damages in Georgia.
Restitution – This form of compensation is not available in civil cases. Instead, restitution may be awarded to victims as part of a defendant’s sentencing if they are found guilty in a criminal prosecution.
Crime Victim Compensation Funds – Crime victims in Georgia can also seek compensation through the state’s Crime Victims Compensation Program. The purpose of this program is to reduce the financial burden that many crime victims face by providing qualifying individuals with up to $25,000 per incident.
Is There a Time Limit to File a Case?
Yes, though determining the civil statute of limitation in a case involving a crime can be complex and should be handled by an experienced attorney. Georgia law imposes strict deadlines that, if missed, can permanently bar your right to compensation.
In most cases involving injury, victims are given two years from the date of injury to file their claim in court under O.C.G.A. § 9-3-33. If the victim of the crime was killed, their loved ones also have two years from the date of death to file a wrongful death or survival action.
However, these civil deadlines may be extended (“tolled”) if the defendant is also being prosecuted for the crime that gave rise to the plaintiff’s injuries or losses under O.C.G.A. § 9-3-99. The extension ends when the prosecution is complete or after six years have passed, whichever comes first.
No matter which deadline governs, it is essential that plaintiffs speak to an attorney early on. This will ensure that the deadline is not missed, as well as that no evidence is lost or compromised. If you miss the filing deadline, courts are nearly always forced to dismiss your case.
Why Roswell Crime Victims Choose Butler Kahn
Butler Kahn takes fewer cases on purpose so we can do deeper work on each one. When you hire our firm for your crime victim case, you get attorneys who prepare every case as if it’s going to trial. We’ve recovered millions of dollars for crime victims and their families across Georgia, including settlements and verdicts in cases involving shootings, sexual assaults, and negligent security at apartment complexes.
Our approach to crime victim cases includes thorough investigation of both the criminal actor and any third parties whose negligence contributed to your injuries. We work with law enforcement, review surveillance footage, interview witnesses, and consult with security experts when property owner negligence played a role. This comprehensive approach often uncovers additional sources of compensation beyond what victims initially expect.
Frequently Asked Questions About Crime Victim Cases in Roswell
Can I sue someone who hurt me in a crime even if they weren’t convicted?
Yes. Civil cases use a lower standard of proof than criminal cases. You only need to show the defendant is “more likely than not” responsible, while criminal conviction requires proof “beyond a reasonable doubt.” Many crime victims win civil cases even when criminal charges are dropped or result in acquittal.
What if the person who hurt me has no money or assets?
In many crime victim cases, a third party may share liability. Property owners, employers, or security companies may be held responsible if their negligence contributed to the crime. These defendants typically have insurance or significant assets to pay claims. An experienced crime victim lawyer can identify all potentially liable parties.
How long does a crime victim civil lawsuit take?
Most crime victim cases take between one and three years to resolve, depending on complexity. Cases involving ongoing criminal prosecutions may take longer because the civil case is often paused until criminal proceedings conclude. Settlement negotiations can sometimes resolve cases faster than going to trial.
Do I have to testify if I file a civil lawsuit?
You will likely need to provide testimony, either in a deposition or at trial. However, your attorney will prepare you thoroughly and be present throughout the process. Many cases settle before trial, which may eliminate the need for courtroom testimony.
Can I file a lawsuit if the crime happened at an apartment complex or business?
Yes. Property owners have a legal duty to provide reasonable security for tenants, customers, and guests. If inadequate lighting, broken locks, lack of security guards, or other negligent conditions contributed to the crime, the property owner may be liable through a negligent security claim.
What damages can I recover in a crime victim lawsuit?
You may recover compensation for medical expenses, lost wages, pain and suffering, emotional distress, permanent disability, loss of enjoyment of life, and in some cases, punitive damages. If your loved one was killed, you may pursue wrongful death damages.
How much does it cost to hire Butler Kahn for a crime victim case?
We handle crime victim cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. There is no upfront cost or hourly billing. We advance all case expenses and only collect if your case is successful.
Should I wait until the criminal case is over to contact a lawyer?
No. You should contact a civil attorney as soon as possible after the crime. Evidence can disappear quickly, witnesses move away, and surveillance footage gets deleted. While your civil case may be paused during criminal proceedings, early investigation preserves crucial evidence.
Can I sue for emotional trauma even if I wasn’t physically injured?
Georgia law allows recovery for emotional distress in certain circumstances, particularly when the defendant’s conduct was intentional or extremely reckless. Crime victims often suffer PTSD, anxiety, depression, and other psychological injuries that deserve compensation even without physical harm.
What is the difference between restitution and civil damages?
Restitution is ordered by a criminal court as part of the offender’s sentence and typically covers only out-of-pocket expenses. Civil damages are much broader and can include pain and suffering, emotional distress, loss of enjoyment of life, and punitive damages. Civil damages are usually significantly higher than criminal restitution.
Can I sue if I was injured during a robbery or burglary?
Yes. Robbery and burglary often cause physical injuries and severe emotional trauma. You can sue the perpetrator directly and potentially the property owner if negligent security contributed to the crime. Even attempted crimes that cause injury can support a civil lawsuit.
Does filing a civil lawsuit affect the criminal case?
Generally, no. Civil and criminal cases proceed independently through different court systems. However, information from the criminal case—such as police reports, witness statements, and the defendant’s testimony—can be valuable evidence in your civil case.
What if I was partially at fault for being in a dangerous situation?
Georgia follows a modified comparative fault rule. You can still recover damages if you were less than 50% at fault, though your recovery will be reduced by your percentage of fault. Being in a high-crime area or walking alone at night does not make you responsible for someone else’s criminal acts.
Can family members sue if a crime victim was killed?
Yes. Georgia’s wrongful death statute allows the surviving spouse, children, or parents to file a lawsuit seeking compensation for their losses when a crime results in death. The victim’s estate can also file a survival action for damages the victim suffered before death.
How do I know if I have a valid crime victim case?
Contact Butler Kahn for a free consultation. We will review the facts of your case, identify all potentially liable parties, and explain your legal options. There is no obligation, and the consultation is completely confidential.
Areas We Serve in North Fulton County
Butler Kahn’s Roswell office represents crime victims throughout North Fulton County and the surrounding areas. Our attorneys handle cases for clients in:
Roswell – Including Historic Roswell, East Roswell, and areas along Canton Street, Holcomb Bridge Road, and GA 400
Alpharetta – Including Downtown Alpharetta, Windward, and the Avalon area
Johns Creek – Including Ocee, Newtown, and areas near State Bridge Road
Milton – Including Crabapple, Birmingham, and rural Milton
Mountain Park – And surrounding North Fulton communities
Sandy Springs – Including Dunwoody-adjacent areas
We also serve crime victims in neighboring Cherokee County communities including Woodstock and Canton, as well as Forsyth County areas including Cumming. Our Atlanta crime victim lawyers handle cases throughout the metro area, and we have additional offices in Jonesboro and Lawrenceville to serve clients across Georgia.
Our Roswell Office
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our Roswell office is conveniently located on Canton Street in the heart of Historic Roswell, with easy access from GA 400 and Holcomb Bridge Road. Free parking is available on-site. We’re just minutes from Roswell Area Park, the Big Creek Greenway, and the Roswell Town Center.
Contact a Roswell Crime Victim Lawyer Today
At Butler Kahn, our skilled legal team is committed to helping crime victims exercise their right to full and fair compensation. We firmly believe that every crime victim deserves the best legal representation possible on their path toward recovery. We proudly provide that representation to crime victims throughout Roswell, North Fulton County, and all of Georgia.
If you or a loved one was injured as the result of a violent crime, contact Butler Kahn by calling (770) 766-1056 or contacting us online for a free, confidential consultation with a compassionate attorney near you. There is no fee unless we win your case.
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