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by The Stoddard Firm - December 3rd, 2020
The short answer is yes, you can sue a human trafficker, or indeed anyone who has harmed you with their negligent or illegal behavior, while they are incarcerated. There is no law preventing you from doing so, and there’s plenty of precedent for it.
In fact, 80 survivors of Nxivm, the sex cult and alleged pyramid scheme that until recently was passing for an elite self-help group, are currently suing founder Keith Raniere for compensation. Their complaints range from sexual coercion to monetary fraud. Raniere has been sentenced to 120 years for a variety of charges relating to Nxivm, sex trafficking included. The suit was filed about six months after the conviction, and neither one cancels out the other. Civil and criminal law work separately and concurrently; there’s no need to choose one over the other for addressing a wrongdoing.
Similarly, three women who say they were raped or otherwise sexually abused by alleged sex trafficker Jeffrey Epstein sued for compensation last year. At that time, Epstein had not only been convicted and sentenced for soliciting a minor, but had already committed suicide in prison. Suing a deceased defendant’s estate poses its own challenges, but like suing a defendant in prison, it is often perfectly doable.
Although it’s far from unheard of for rich, powerful individuals like Raniere and Epstein to be involved in and even convicted for sex trafficking, most sex traffickers who go to prison don’t have much in the way of assets for their victims to claim. Once they’re serving a sentence, they also have no way of making a significant income, making it even harder to collect on any judgment against them.
If the incarcerated person who trafficked you doesn’t have a lot of money that can be easily linked with them, and doesn’t own a solvent company that played a role in the sex trafficking activities, you can still sue them, but it will usually be an expensive and purely symbolic endeavor.
That doesn’t mean you have no avenues of real financial recovery, however. Most acts of sex trafficking require the cooperation of wealthy third-party businesses, such as hotel chains. Anyone who knowingly harbors or profits off of sex trafficking is also guilty of sex trafficking, and is accordingly liable in civil court. Many hotels deliberately look the other way in exchange for bribes, or simply to encourage repeat business from traffickers.
Recent changes to federal law have also made it possible to sue websites that facilitate sex trafficking by hosting traffickers’ advertisements. These sites, including Backpage.com, were big business before they were abruptly shut down by the closure of the legal loophole under which they operated. It’s not yet known whether many of these sites were officially solvent when they closed, or whether their profits will still be traceable, but they offer better odds than a broke and incarcerated individual.
The Stoddard Firm is ready and willing to do everything possible to help survivors pursue compensation from defunct adult ad companies, hotels, individual traffickers, and all others who profit from sexually victimizing others.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
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.
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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