Are you considering filing a sexual abuse compensation claim?
You are not alone. Thousands of survivors are coming forward now to seek justice and the financial compensation they deserve. The good news is the laws have changed dramatically in recent years making it easier than ever to file a claim.
The problem is the compensation claims process can feel extremely overwhelming if you don’t know where to start.
The best way to deal with this problem is by learning your rights and the steps involved in the claims process.
What you’ll learn:
- Sexual Abuse Compensation Explained
- Who Can File a Sexual Abuse Claim?
- The Sexual Abuse Claim Process
- What Can You Get Compensation For?
- Sexual Abuse Claim Timeline
- Deciding Whether To File A Claim
- Next Steps: Filing A Sexual Abuse Claim
Sexual Abuse Compensation Explained
Sexual abuse compensation is financial money given to survivors to cover costs and damages resulting from sexual abuse. This includes medical bills, therapy, lost wages, and more.
Many survivors do not realize they have the right to financial compensation for the abuse they suffered. The truth is the legal system recognizes the harm and trauma of sexual abuse and allows survivors to seek justice and compensation from both the perpetrators and negligent institutions.
The reason this matters is that in recent years many states have eliminated or extended the statute of limitations for filing a claim. This allows survivors who were abused years or even decades ago to now file a claim. In fact, Los Angeles County agreed to a $4 billion payout to resolve almost 7,000 claims involving historical abuse – the largest sexual abuse settlement in US history.
That should tell you something about how seriously the courts are taking these claims now.
Who Can File a Sexual Abuse Claim?
You may be wondering if you are eligible to file a sexual abuse compensation claim.
The short answer is if you experienced sexual abuse the answer is likely yes. However let me explain the specifics…
You can file a claim if:
- You were sexually abused as a child or an adult.
- The abuse took place in a school, church, foster care, or other institution
- You were abused by someone in a position of trust or authority.
- You experienced physical and/or psychological harm as a result of the abuse.
One thing that surprises a lot of survivors …
You do not always need to have reported the abuse to the police to file a civil claim. Criminal cases and civil compensation claims are two separate processes. While it does help to have reported the abuse, it is not always necessary to file a civil claim.
In fact some states have implemented “lookback windows” that temporarily lift time restrictions to allow survivors to file a claim. This has opened the door to thousands of survivors being able to file a claim.
The Sexual Abuse Claim Process
Filing a sexual abuse compensation claim is a multi-step process. Let me break it down for you…
Finding the Right Attorney
The first step is finding an experienced sexual abuse attorney. Sexual abuse cases are complex and emotional so it is best to work with someone who understands the legal process and sensitivity required.
Most sexual abuse attorneys work on a contingency basis, which means you pay nothing unless they win your case.
Simple right?
Gathering Evidence
Your attorney will then work with you to gather evidence for your claim. This can include medical records, therapy records, witness statements, and any documentation that supports your abuse.
If you have limited documentation, don’t sweat it. This is common for survivors and experienced attorneys know how to build a strong case even with limited evidence.
Filing the Claim
Your attorney will then file a formal complaint in court. This document states what happened, who is at fault, and the compensation you are seeking. This document is sent to the named defendant and they then have a set amount of time to respond. The legal process then begins.
Negotiation and Settlement
The overwhelming majority of sexual abuse claims settle out of court. This is actually good because it means the case is resolved faster and you avoid the additional emotional trauma of a trial.
Settlement negotiations typically take 12-24 months depending on the complexity of your case. Your attorney will work with the defense lawyers to reach a fair settlement amount. If settlement negotiations break down, your case may go to trial. Trials take longer, but the potential compensation is also higher.
What Can You Get Compensation For?
Sexual abuse compensation can cover a wide variety of damages. Let’s look at the categories you might be entitled to…
Medical Expenses
Includes all medical costs incurred as a result of the abuse, including emergency care, hospital visits, prescriptions, and ongoing treatment.
Therapy and Mental Health Care
Therapy is often one of the largest ongoing expenses for survivors. Compensation can cover individual therapy sessions, group therapy, psychiatric visits, and medications for depression, anxiety, or PTSD.
Lost Wages and Earning Capacity
If the abuse has impacted your ability to work, you can claim compensation for time missed from work, reduced earning capacity, and opportunities lost as a result of the abuse trauma.
Pain and Suffering
Pain and suffering include the non-economic damages such as emotional distress, loss of enjoyment of life, and psychological trauma. These are often the largest portion of compensation awarded.
How much should you expect?
Amounts vary widely and depend on the individual circumstances of your case. Cases with emotional distress and minimal documented damage often settle for $250,000 to $750,000. Cases that require long-term therapy and result in high distress and lost earnings settle for $750,000 to $2 million or more.
Cases against institutions for enabling and/or turning a blind eye to abuse often settle for $2 million to $10 million.
Sexual Abuse Claim Timeline
What do you need to know about the sexual abuse claim timeline and what to expect…
The Waiting Game
Legal cases take time. Period. However it’s better to know what to expect so that waiting and delays don’t cause extra anxiety.
Settlements that are reached out of court typically take 6 to 18 months if negotiations progress with few issues. If the case goes to trial, this process can take 2 to 5 years before final resolution.
Staying Involved
Your attorney will keep you informed throughout the process. You will need to be present at depositions to give a sworn testimony of the case. You may need to participate in mediation sessions and have to make decisions about settlement offers.
What’s important to remember…
You are in control. Your attorney works for you, and you are the one who makes the decision whether to accept a settlement or go to trial.
Receiving Your Compensation
You will receive your compensation either as a lump-sum or as structured payments over time, or a combination of both. Your attorney can help you understand the best payment structure for your individual situation.
Deciding Whether To File A Claim
Deciding whether to file a sexual abuse compensation claim is a personal decision and one only you can make.
It is normal to feel scared, anxious, and even uncertain. Many survivors are afraid of not being believed or having to relive their trauma. These fears are completely normal.
Here’s the thing you should know…
The legal system has improved drastically in recent years in the treatment of sexual abuse survivors. Your attorney and their team understand and are sensitive to the situation you have been through and the court takes these cases seriously.
Remember that filing for compensation is not just about the money. It is about holding the perpetrators and negligent institutions accountable. It is about getting the resources and therapy you need to heal.
Next Steps: Filing A Sexual Abuse Claim
Now you know how the sexual abuse compensation claims process works. The best next step is to research attorneys who specialize in sexual abuse cases and set up free consultations to see who you like and trust.
Ask each attorney about their experience and success rate with sexual abuse cases.
The most important thing to remember is that statutes of limitations can vary from state to state. While it may be a long road, you do not have to walk it alone.
