Sexual Abuse Damages
This content contains sensitive subject matter related to sexual abuse.
The person who committed or enabled sexual abuse should be accountable for their actions. In a civil lawsuit, a victim of sexual abuse can take their case to court. If the victim proves the defendant is liable, they can receive compensation for their injuries.
The financial compensation you can get from a sex abuse case depends on the situation. If you want to know more about sexual abuse damages and how to recover money in a settlement, talk to a local sexual abuse attorney for legal advice.
What Are Damages in a Sexual Abuse Lawsuit?
Damages is the legal term that refers to compensation for losses caused by the abuse. Compensatory damages are to compensate the victim. In a sex abuse case, the victim may also be able to get punitive damages. Punitive damages punish the wrongdoer and discourage similar actions in the future.
How Do You Calculate Damages for Sexual Abuse?
It can be difficult to know how to calculate damages after suffering abuse. No amount of money could erase the pain and trauma of abuse survivors. The amount of damages can depend on a lot of factors. The amount of damages can be based on:
- Extent of the abuse
- Age of the victim
- Amount of times the victim was abused
- Physical injuries
- Mental anguish
- Strength of the evidence
- Financial resources of the abuser
Monetary damages in a civil lawsuit can include economic and non-economic damages. You can show economic damages by financial losses, including medical expenses, lost income, and mental health treatment bills.
Non-economic damages do not always have a set amount of money and can include compensation for emotional distress, pain and suffering, loss of consortium, and loss of enjoyment of life.
Can I Get a Settlement After Suffering Sexual Abuse?
Not all civil court cases go to trial. Many civil cases are settled before trial. A settlement is an agreement to drop the civil claims in exchange for a set amount of money. For example, the Boy Scouts of America agreed to pay out $2.4 billion as part of a settlement with more than 80,000 victims of childhood abuse.
A settlement can be a good outcome for the victim because they won’t have to go through a trial and get a guaranteed payout. A settlement can also benefit the defendant in a sex abuse case because they may not have to admit liability and can avoid the publicity of a trial.
Can I Get Damages From a School, Office, or Workplace After Abuse?
Even when sexual misconduct was directly caused by one person, a larger organization may also be liable for damages. For example, a church, company, university, school district, or hospital could be liable for the actions of its employees or representatives.
In some sexual abuse cases, employers are vicariously liable for employee actions. This means that the victim can recover damages from the employer. Employers may also be liable because they failed to protect victims, monitor their workplace, or supervise abusive workers. Employers may also be responsible for negligent hiring.
Can You Get Damages After Child Sexual Abuse?
A civil lawsuit for sexual abuse can be limited to within a certain number of years from abuse. This is known as the statute of limitations. The statute of limitations for sexual abuse is different in every state. However, some states extend that time for child sexual assault cases. For example, child victims of sexual abuse in California may still be able to file a civil lawsuit up to age 40 or within five years of discovering the abuse as an adult. Some states have no time limit for child sex abuse victims to file a civil suit for damages.
If you want to know the time limits for filing a personal injury case in your state, talk to a sex abuse injury lawyer where you live.
Seek Justice for Sexual Assault
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