Sexual Abuse Lawsuit Timeline

This content contains sensitive subject matter related to sexual abuse.

Court cases on daytime TV may only take 15 minutes before the judge makes a decision. In reality, the courts move much slower. A civil lawsuit for a personal injury, contract dispute, or sexual abuse claim can take months or years to resolve. Many people who file a child sexual abuse case are surprised to find out just how long a civil case can take.

The timeline in a civil personal injury case can depend on state law. When you first meet with your lawyer, talk to them about the timeline so you will know what to expect. A local sexual abuse attorney can tell you more about the timeline and offer legal advice for your case.

What Is the Timeline of a Sexual Abuse Lawsuit?

Litigation is the process of going through a legal action like a civil lawsuit. A sexual abuse lawsuit goes through the civil court process. Civil cases are separate from criminal cases. In a civil lawsuit, the plaintiff is generally trying to get financial compensation from the defendants.

When there are disputes, it may be up to the court to make a decision. The judge rules on matters of law, and the jury or judge can decide questions of fact. For example, in a jury trial where both sides are telling a different story, the jury decides who they believe.

Certain statutory time limits will determine how long a lawsuit might take. For example, in California, a defendant generally has 30 days to file an answer after they are served with the civil complaint. Plaintiffs cannot move forward with a case until a defendant responds or until the deadline passes.

Going through the legal system means the plaintiff has to follow the county court’s schedule, which can depend on the local court’s caseload. However, the timeline also depends on the judge’s availability, attorneys’ schedules, and accommodating any other changes that come up.

For example, you may have a hearing scheduled with the judge. However, on the day of the hearing, the judge may have to reschedule the hearing because of a conflict. Frequent rescheduling can happen because the defendant’s attorney may have another trial. If the person you are suing is also facing criminal charges, that can delay your lawsuit.

These changes are not uncommon in civil court proceedings.

Stages of Litigation in a Sexual Assault Case

Litigation goes through several stages. The court process goes through pre-trial, trial, and post-trial periods. Generally, the stages of litigation include:

• Pleadings
• Discovery
• Pretrial motions
• Settlement negotiations
• Trial
• Appeals and post-trial motions

Once you have a lawyer, and your case falls within your state’s statute of limitations, they can begin the lawsuit with a demand letter that gives the defendants an opportunity to settle the case before filing a lawsuit.

Initial Pleadings and Court Filings

A lawsuit starts with filing a complaint with the court. A complaint lays out the case, including the basis for the lawsuit and what the plaintiff wants. Defendants receive a copy and have the chance to respond with an answer. The answer may include any counterclaims against the plaintiff.

The defendants may try and file a motion to dismiss, to drop the case before it starts. Your attorney can respond, and the judge will decide whether to move forward.

Discovery and Exchanging Information

The next stage is called discovery. This is the process where both sides exchange information. Discovery can include documents, records, testimony, depositions, and interrogatories. Discovery can involve a lot of personal and private information you will have to share with the defense, including:

• Medical records
• Mental health counseling records
• Criminal record
• Education and employment history
• Past sexual history

Pretrial Motions and Settlement Negotiations

After exchanging all the relevant information, your attorney will have a better idea of the strengths and weaknesses of your case. The parties can negotiate a settlement to resolve the dispute for a set amount of money. If you have a strong case, the defendants may be more motivated to settle rather than risk a higher jury award in court.

Either party may try and file a motion for summary judgment to resolve the case before it goes to trial. The judge will decide whether there are any facts in dispute to have the case continue to trial.

Civil Jury Trial

If the case doesn’t settle, it will continue to trial. If you have a jury trial, your attorney will present your case before the jurors. The jurors will hear both sides of the case and make a decision at the end of the case.

The jury may also decide how much to award you if they believe that you are a survivor of sexual abuse. The award can be based on the plaintiff’s damages, including medical bills, pain and suffering, and emotional distress.

Appealing the Court Decision

After the jury trial is over, either side can appeal the court’s ruling. The defendants can appeal to change the trial court’s ruling, reduce the award, or receive a new trial. There is a limited amount of time to file an appeal. If no one appeals the ruling, then the litigation is over. However, you may have to take additional legal action to get the money from the defendants.

How Long Will a Sexual Abuse Lawsuit Take?

There is no way to know how long a sexual abuse case could take. The defendant could agree to settle the case before your lawyer even files a complaint. However, in complex litigation where there are multiple plaintiffs and defendants, like child sex abuse lawsuits against the Catholic Church or the Boy Scouts of America, getting a resolution can take more than a year.

To find out more about how long a lawsuit like yours might take, talk to a lawyer who represents the victims of sexual abuse in your area.