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by The Stoddard Firm - September 21st, 2020
Survivors of sexual assault are often hesitant to come forward and assert their legal rights, and understandably so. Court proceedings can be invasive, particularly when sex crimes are involved, being a known survivor of sexual assault can carry harmful stigmas, and perpetrators and their legal counsel will typically do their best to discredit and demonize survivors who speak out. Many survivors also face ongoing threats of violence after the incident in question.
One of the legal tools survivors can use to address this problem is a motion to proceed anonymously.
Generally, court proceedings are a matter of public record, and all parties to a case must be named under Rule 10 of the Federal Rules for Civil Procedure. However, under the precedent set by Doe v. Stegall in 1981 and Doe v. Frank in 1992, plaintiffs can receive permission to use pseudonyms based on a loosely defined set of special circumstances:
The plaintiff does not have to prove that all of these conditions apply, and courts will sometimes even grant special permission when none of them do, although there must be a compelling reason. If the plaintiff’s identity is relevant to the matter being decided, or if revealing it will not present a danger or extreme privacy violation, motions to proceed anonymously may be denied, as in SMU v. Wynne and Jaffe.
A judge’s goal here should be to balance the public’s right to transparency and the defendant’s right to a fair trial, against the plaintiff’s right to access the legal system safely and without intimidation or illegal retaliation. Every case is different, but judges often recognize and respect how extremely personal the details of a sexual assault case can be for the plaintiff. In fact, our office has never had a judge deny a request for a sexual assault victim to proceed anonymously.
A motion to proceed anonymously can be filed at the same time as the complaint itself, but it doesn’t have to be. In the case of Doe v. Barrow County, Barrow County moved to have the case against it dismissed on the grounds that the plaintiff had not yet received permission to proceed anonymously, and therefore the documents that already existed using pseudonyms were improper. The court granted anonymity and ruled that such anonymity could be granted after the case had been filed, as long as it remained under the same court’s jurisdiction.
Even when suing under a pseudonym, you will still need to provide the judge and opposing counsel with all the information that would normally be required, including your name and the details of what happened, no matter how personal. However, being granted permission to proceed anonymously does allow you to keep your identity secret from the public. This can protect you from invasive media attention, harassment, and discrimination based on other people’s opinions of your case.
If you’d like to learn more about how to file an anonymous civil suit for sexual assault, contact The Stoddard Firm for a free consultation today.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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