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Questions & Answers
Frequently Asked Questions about Crime Victims
What types of criminal cases does Belluck & Fox handle?
Who is the responsible party in a drunken driving injury accident?
I was attacked in a parking deck and the assailant was never caught. What legal rights do I have?
I'm not sure if I was date raped or not and I'm scared. What should I do?
What are my rights in a police brutality claim?
What does it mean to "walk" a criminal conviction?
Should I contact a lawyer to help me with my criminal victim case?
What Types of Criminal Cases Does
Belluck & Fox Handle?
The Law Offices of Belluck & Fox brings cases on
behalf of the victims of crime in the areas of: ·
Victims of Drunk Drivers and Dram Shop Cases · Victims
of Drivers Using Cell Phones · Assault and Homicide ·
Date Rape · Inadequate Security against Building Owners
· Policy Brutality
Who is the Responsible Party in a Drunken Driving
Injury Accident?
Anyone driving under the influence of alcohol or
another substance, which causes an accident, is
considered negligent, and may be liable to pay for all
damages. In addition, those who provided the alcohol may
also be considered negligent and liable for damages.
Many states have laws which impose liability on bars,
clubs, restaurants, or hotels which supply liquor
improperly. Contact a
Belluck & Fox attorney today for information on the
laws that apply in your state.
What is Dram Shop Liability?
Under dram shop liability laws, a party injured by
an intoxicated person can sue the establishments or
persons who contributed to that person's intoxication,
for example a bar or homeowner where a party was held.
This type of claim is often used in auto accident cases
involving a DUI. For example, if you were injured by a
drunk driver to whom a liquor store sold alcohol when
he/she was obviously intoxicated, your dram shop claim
would be against that liquor store.
I Was a Victim in an Automobile Accident Where the
Other Driver was Using Their Cell Phone at the Time. Can
Charges be Brought?
A study showed that the risk of a traffic accident while
using a cellular phone is the same as that while driving
drunk, with the cell phone user 400% more likely to get
into an accident. If the driver claims they were not
using their cellular phone at the time, records from the
telephone company can be obtained to prove use at the
time of the accident. In addition, the records can also
reveal additional witnesses, i.e. the party on the other
end of the cell phone call. Even if no criminal charges
are filed against the driver, a victim may be able to
bring an action for damages.
I Was Attacked in a Parking Deck and the Assailant
Was Never Caught. What Legal Rights do I Have?
Even if you cannot sue the perpetrator, you may be
able to bring an action against the owner or manager of
the property where the crime occurred for their failure
to provide adequate security or lighting. This is known
as premises liability - liability of landowners or those
who are responsible for maintaining the property for
activities or conditions occurring on the land.
What is Date rape?
Date rape, or acquaintance rape, is when the rapist
is someone the victim knows - a date, friend,
boyfriend/girlfriend, classmate, or anyone else who is
not a stranger. The vast majority of rape or sexual
assault victims are assaulted by someone they know. The
law does not make any distinction between stranger rape
and date rape.
I'm Not Sure if I was Date Raped or Not and I'm
Scared. What Should I Do?
Rape is scary. If you participated in nonconsensual sex,
meaning you had sex with someone you know, but you did
not want to and you told them no, then you were most
likely date raped. The first thing you should do is to
seek police and medical attention. If you do not
remember the events or they are fuzzy, it is possible
you were date raped using a drug - such as Rohypnol or
GHB. After seeking medical attention and contacting the
police, you should contact
a Belluck & Fox lawyer to discuss your situation and
possible claim.
What are my Rights in a Police Brutality Claim?
Under both state and federal law, police officers may
not use excessive force on citizens in the performance
of their duties. Because police brutality cases can be
very complex, you need experienced and aggressive
attorneys to successfully handle them. If you have been
victimized by police brutality, you may be entitled to
an award of damages, not only from the officers
themselves, but also from the municipality or county
that employed the officers.
Contact
Belluck & Fox attorneys today.
What Does it Mean to "walk" a Criminal
Conviction?
In many states a victim can "walk" a criminal
conviction into civil court. This means that a victim
would not have to prove a crime was committed, only that
physical and emotional damage was experienced by the
crime victim. Many states, including New York, will
extend the timeframe to bring a case for crime victims.
Should I Contact a Lawyer to Help me with my
Criminal Victim Case?
Yes. Crime victims turn to the criminal justice
system to prosecute and punish the perpetrators of a
crime. In addition, victims are entitled to seek civil
justice to address the full impact of the crimes on
their lives and the lives of their loved ones. Belluck
& Fox attorneys evaluate your potential claim
against the perpetrators of a crime and those who
enabled, through their negligence, the crime to occur.
Contact
us today.
For more information on crime victims and criminal cases, click here: What we do: crime victims and criminal cases.
546 Fifth Ave, 4th Floor
New York, NY 10036
