Santa Fe Crime Victim Lawyer

Santa Fe Crime Victim Attorney

Nobody enjoys being the victim of a crime. There’s a certain degree of guilt, embarrassment, and even fear that comes with being victimized by someone who sought to do you harm. You may be able to take some comfort in knowing that the person who offended you could face severe legal consequences, but that does little to address the financial strife that comes with being victimized. A Santa Fe crime victim lawyer can help you seek compensation in civil court.

Being a Crime Victim in New Mexico

New Mexico allows certain crime victims to seek compensatory damages from their offenders. State law requires convicted criminals to pay restitution to their victims. If the victim lacks the necessary funds to fully compensate their victims, the New Mexico Crime Victim Reparation Commission may reimburse victims’ funeral expenses and medical bills. These awards may be capped, depending on the situation, so they may not fully reimburse victims.

Why Should You File a Civil Claim?

It can be difficult to find closure when you are the victim of a crime in Santa Fe. Seeing your offender receive a jail sentence or other penalties can help, but the pain may be too deep to fully erase. The criminal process may not provide enough to financially recuperate from what happened to you. A civil case can give you the opportunity to work through everything that happened and be adequately compensated for your damages.

There are several important reasons for filing a civil claim:

• Control: You will have considerably greater control over the course of the civil case than you would over a criminal trial. You may have final approval over the settlement proposal, you cannot be excused from the courtroom, and you are a party to the civil case.The goal of a civil claim is not to send someone to jail but to hold them financially accountable for the losses they inflicted on you. You can pursue a civil case against multiple parties who may be responsible for the crime against you.
• Compensation: Bringing a civil claim against the responsible parties can often yield a larger amount in compensatory damages than what the convicted party must pay in state-ordered restitution. You can be reimbursed for your medical expenses, including ongoing medical care, as well as any lost wages. You can even pursue compensation for emotional distress as well as pain and suffering.
• Accountability: If your offender has been arrested, tried, and convicted, you might have considered that as justice being done. There are cases where that may not be enough, especially if they were convicted of a different crime that had nothing to do with you. Filing a civil case against them provides you with the opportunity to hold them accountable for what they did to you.
• Second Chance: Sometimes, the prosecution is unable to convict the offender for the crime they committed in your case. This could be for a variety of reasons, including mishandling of evidence, improper procedure, or the skills of their defense attorney. By bringing a civil claim against your offender, you can keep them from completely escaping the consequences of their crime.
• Prevention: Pressing a civil case against the party or parties responsible for what happened to you can discourage others from engaging in the same behavior. This is especially true when you can hold a business accountable for a lack of security. A verdict in your favor can lead to increased security, which can prevent incidents like yours from happening again.

Santa Fe Crime Victim FAQs

Q: How Much Does Crime Victim Compensation Pay in New Mexico?

A: Crime victim compensation can pay up to $20,000 to victims of crime or up to $50,000 for victims with permanent physical disabilities. The New Mexico Crime Victim Reparation Commission can provide significant financial assistance for a victim’s:

• Medical care
• Mental health counseling
• Lost wages
• Funeral expenses
• Medical devices
• Travel expenses for court dates or medical appointments

To qualify, the crime must have happened in New Mexico and been reported to a licensed medical professional.

Q: What Type of Victim Most Often Receives Compensation?

A: Generally, the type of victim who receives compensation from the New Mexico Crime Victim Reparation Commission the most are victims of violent sexual assault and homicide. Often, the victims of violent crimes need help to cover their expenses. These crimes can include sexual assault, homicide, child sexual abuse, and aggravated assault. Holding their abusers accountable in civil court can be a way to receive closure and justice.

Q: What Cannot Be Repaid by Victim Compensation Programs in New Mexico?

A: Generally, some expenses that cannot be repaid by victim compensation programs in New Mexico are property damages, court fees, and various legal fees. You may also not be compensated for your pain and suffering. Largely, victim compensation programs are in place to help victims with their medical expenses and any lost wages due to the amount of work they may miss.

Q: What Qualifies Someone as a Victim?

A: To qualify for a victim compensation program, someone must have suffered a physical injury or significant mental distress as a result of a serious crime. Those crimes can include, among other serious crimes:

• Aggravated assault
• Arson
• Murder
• Manslaughter
• Stalking
• Kidnapping
• Rape
• Human trafficking

Victim compensation programs can help you start to move forward following a traumatic moment in your life. Victims, as well as families of victims, may apply.

Reach Out to an Experienced Crime Victim Lawyer Today

It can be overwhelmingly frustrating to be the victim of a crime. It can make you feel helpless, powerless, and terrified for quite some time. Some people can take years to get over the trauma of being victimized. One way to find some sense of peace is to hold your offender accountable in civil court. An experienced crime victim lawyer can determine the ideal way to press a robust civil case against them.

Berenson & Associates, PC, can provide you with the resources you need to build a civil case against your offender, gather evidence that supports your claim, and keep your interests protected throughout the duration of your case. Contact us to schedule a consultation with our firm today.