Settlement Negotiations for Sexual Abuse

This content contains sensitive subject matter related to sexual abuse.

After the difficult decision to go forward with a sexual abuse lawsuit, your attorney may talk to you about settlement options. Some victims of sexual abuse do not want to take a fair settlement because it is more important to expose the abuser in court. But you should know about settlements and when it may be in your best interests to settle your case.

Sexual abuse civil lawsuits can be complicated. The laws are different in every state. If you want to know about your rights after surviving sexual abuse, talk to an experienced sexual abuse attorney.

What Is a Settlement in a Sexual Abuse Case?

A settlement in a sexual abuse case means that the plaintiff is settling the civil lawsuit against the defendant. In most cases, this means that the alleged abuser will offer a certain amount of money, and the victim of sexual abuse will agree to drop the case. Both parties must sign the settlement, so they are legally bound by the agreement.

Most personal injury civil suits end in a settlement instead of going to trial. Settlement can happen anytime, from before the sexual assault lawsuit is filed until just before the jury returns a verdict. Both sides can benefit from settling a case instead of going through a trial.

Alternative dispute resolution methods exist to resolve a sexual abuse lawsuit without going to the judge or jury. Alternatives to court can include arbitration or mediation. With mediation, the parties will work with a mediator instead of a judge to mutually agree to settle the case. In arbitration, a third-party arbitrator will decide the case.

What Are the Benefits of Settling My Sexual Abuse Claim?

There can be several benefits to settling your case instead of taking your case to trial. A settlement means a guaranteed amount of financial compensation. Juries can be unpredictable. Even if you think you have a strong case, the jury may focus on one thing that makes them find doubt in your case. It can be terrible to say no to a settlement only to lose your case in a jury trial.

Trials can also be long, stressful, traumatic, and expensive. Taking a settlement means you can avoid the expense and time of a trial. You can also avoid reliving the abuse as the details come out in court. A lawsuit involving sexual abuse allegations may mean the defendant will say terrible things about you and your reputation in open court. You can avoid all this by taking the settlement so the case never goes to trial.

What Are the Downsides of Settling a Sexual Abuse Case?

One of the downsides of settling your case is that you never get the chance to hold the abuser accountable in court. Most settlements require releasing the legal action against the abuser, which means they will likely not have to admit to any wrongdoing or liability. This can make it seem like the abuser is getting away with it. Whether to settle or go forward is a personal decision only you can make.

A settlement offer may be too low to cover even a portion of your losses. People injured in sexual assault cases may have significant financial losses, including losses for:

• Lost wages
• Medical bills
• Emotional distress

If you have a strong legal case, you may be able to recover much more money with a jury verdict, including punitive damages. If the settlement amount is much lower than your attorney believes you can get in a sex abuse lawsuit, you may want to say “no” to the settlement agreement and take your case to court.

Can My Lawyer Give Me Advice in a Settlement Case?

Yes, your legal team can and should advise you during settlement negotiations. An attorney with experience handling sexual abuse cases can:

• Tell you about the settlement process
• Tell you what your case might be worth
• Keep you up-to-date on settlement developments
• Help you understand the benefits and drawbacks of settling
• Negotiate the payout so you can move on with your life

It is also important to understand that your lawyer can advise, but you are in control. It is up to the client to decide whether to settle the case. Your lawyer can’t settle without your consent. Make sure you have a sexual abuse attorney you trust to help you decide if it is time to settle your civil case.

Going forward with a sexual abuse lawsuit can be a difficult decision. Talk to an experienced sexual assault attorney for legal advice about your situation.