Victims of sexual abuse cannot receive monetary damages from the law and it is therefore necessary for such victims to file civil lawsuits in order to receive compensation for their injuries and the trauma they have gone through.
Any victim of sexual abuse
can file a civil lawsuit to recover financial compensation for injuries sustained deliberately from the perpetrator or from any others whose unreasonable conduct failed to protect him or her and/or allowed the abuse to occur.
Monetary damages received can help victims of sexual assault and abuse put their lives back together by paying for medical bills, past and future counseling and therapy, lost income, any loss in earning capacity, emotional distress, and pain and suffering.
For those who have suffered sexual abuse, a civil suit may be an appropriate means of attaining accountability and justice. This gives victims a chance to stand up for their rights and speak out against anyone who hurt them and make sure the offenders are held responsible for their actions.
However, prior to filing a sexual abuse personal injury claim, the victim must be able to prove that the defendant is legally responsible for the injury and that the injury received is the result of his or her wrongdoing. It is also important to talk with a mental health professional about how you feel and to receive help with coping, healing, and obtaining closure. If both you and your therapist determine filing a sexual assault claim would be a good thing for you, you can then explore some resources online and in bookstores that explain the litigation process, after you have spoken with a personal injury attorney.
However, if you do plan to file a lawsuit, do not read any self-help books that discuss symptoms as the defense could use them against you. You should not write any angry letters to an abuser or their employer and never approach them by yourself or attempt to negotiate a settlement. It is also important to file your claim in a timely manner as they are subject to statutes of limitations (timeframe a plaintiff has to file for damages), varying from state to state. Parents of sexually abused children can also file claims on their behalf. You can also file civil claim against an abuser, even if the state has determined that there is insufficient evidence to bring a criminal case or the criminal case was not successful.
Due to the emotional nature of sexual abuse lawsuits, it is extremely important to retain an experienced personal injury lawyer displaying a great degree of care and professionalism to help you file such a suit. You can find a personal injury attorney to handle your personal injury claim for sexual abuse through your state’s sexual assault coalition and ask for a list of lawyers who have won these types of claims. Your state’s bar association may have a victims’ law subcommittee that can provide you with a membership list. You can also contact the National Center for Victims of Crime for a referral. Your lawyer will then determine which state to file your claim, depending upon where the abuser lives, where the abuse took place, and where you live.
The personal injury attorney will help guide you through the process of filing a claim and make the process as stress free as possible, allowing you more time to focus on recovering physically and mentally from such a traumatic event.