Filing a lawsuit against someone who sexually abused you or someone you love is one of the bravest things a survivor can do.
The legal system isn’t easy to understand. The process takes a major emotional toll. And many survivors aren’t even aware that they have legal options.
Fortunately, a sexual abuse attorney can walk survivors through every step of the legal process. They’ll fight to get you the compensation you deserve. Help you hold the abuser accountable. And give you a voice when you feel like you don’t have one.
Without legal assistance, survivors are often denied justice.
But you don’t have to be one of them.
Let’s dive into how a sexual abuse attorney can help you seek justice against your abuser.
What you’ll learn:
- What Does a Sexual Abuse Attorney Do?
- Why Do I Need Legal Representation?
- Understanding Sexual Abuse Settlements
- The Sexual Abuse Lawsuit Process
- How to Find the Right Attorney
What Does a Sexual Abuse Attorney Do?
Survivors of sexual abuse have a lot on their plate.
They should not have to understand complex legal rules on top of that.
Thankfully, that’s where a sexual abuse attorney can help.
A sexual abuse attorney represents survivors who have been sexually assaulted. They focus on civil lawsuits, not criminal cases.
Civil lawsuits seek monetary compensation for survivors. Criminal cases pursue penalties like jail time for the attacker.
Here’s what a sexual abuse lawyer does.
They investigate your claim and gather evidence. File the lawsuit. Negotiate with the defendant and their insurance companies. And advocate on your behalf in court if need be.
The ultimate goal is to win you a sex abuse settlement to cover medical expenses, therapy, lost wages, pain and suffering, and more.
If you’re a survivor wondering how to find a sexual abuse attorney, Kayla’s Survivors can connect you to qualified abuse lawyers in your state.
It sounds simple enough, right?
There’s just one problem…
Too many survivors aren’t aware they can actually file a lawsuit against their abuser. Criminal cases must prove an attack happened beyond all reasonable doubt. But civil lawsuits require a lower burden of proof.
This means survivors can seek monetary compensation against their abusers whether or not criminal charges were pressed.
Why Do I Need Legal Representation?
Consider this:
According to the Department of Justice, only 310 out of every 1,000 sexual assaults are reported to police. That means 68% of sexual assaults go unreported each year.
Many survivors are afraid of retaliation if they file a police report. Other survivors are scared no one will believe them.
What most people don’t realize is there’s another option:
You can file a civil lawsuit against your abuser.
Civil lawsuits only require proof “by the preponderance of the evidence.” Essentially, you must show it’s more likely than not that your abuse occurred as you describe.
A skilled sexual abuse attorney knows how to navigate these nuances and hold abusers accountable through our civil justice system.
In addition, many sexual abuse survivors aren’t aware that churches, schools, employers, and other institutions can be held liable for abuse.
In many cases, these institutions are proven to have been aware of the abuse but failed to act.
Hiring an attorney will even the playing field.
You shouldn’t have to go against teams of institutional lawyers alone.
Understanding Sexual Abuse Settlements
Okay, but how much money can a survivor actually expect to recover from a settlement?
Survivors can recover vastly different settlement amounts depending on the case.
More severe abuse resulting in significant lifelong psychological trauma can lead to higher payouts. The same goes if your abuser was employed by an institution that knowingly allowed the abuse to occur.
Sexual abuse settlements typically range from $30,000 to $50,000 per victim.
If the abuse happened during childhood, settlements can range from $500,000 to $1.5 million.
And if your abuser was enabled by an institution, you could be looking at anywhere from $2 million to over $10 million.
The CDC reports that the lifetime cost of sexual violence equates to $122,461 per survivor. This includes direct medical and mental health costs, lost productivity, and criminal justice involvement.
Sexual abuse settlements can and do cover the very real world costs of sexual violence.
Think therapy and counseling, lost wages, medical bills, and pain and suffering.
Every case is different, and your settlement will ultimately depend on factors like your evidence and whether your defendant has the ability to pay.
The Sexual Abuse Lawsuit Process
Wondering how to file a lawsuit against your abuser? Here’s what you can expect:
Step 1: Consultation
During your consultation, a sexual abuse attorney will review your case and explain your legal options.
Your consultation is free and confidential.
Keep in mind, you are under zero obligation to work with the attorney after the consultation. You can always meet with multiple attorneys to see who you feel most comfortable with.
Step 2: Investigate & Gather Evidence
If you choose to work with an attorney, they will get to work gathering evidence.
The stronger your evidence, the better your chances of a larger settlement.
Step 3: File Lawsuit
Once they’ve gathered enough evidence, your attorney will file your lawsuit.
The defendant will be made aware of the lawsuit and must respond within a certain timeframe. Both parties will also go through discovery and exchange information.
Step 4: Negotiation/Settlement
The majority of sexual abuse lawsuits settle out of court.
Instead of going to trial, both parties agree to a compensation amount that the survivor can accept.
Sexual abuse cases can take anywhere from 6 months to 18 months to settle. If your case is against an institution, it could take longer.
The reasoning behind most settlements is typically because defendants don’t want to go to trial. Public trials are expensive and detrimental to their image.
Survivors usually want to settle because they can receive compensation sooner and avoid the anxiety of speaking about the abuse in court.
Step 5: Trial
Unfortunately, some cases don’t settle and must go to trial.
During trial, both parties of the lawsuit will have their day in court in front of a jury. Juries typically award higher settlements when they find punitive damages should be awarded.
But trials take much longer and everything is literally left up to chance.
How to Find the Right Attorney
Just like you shouldn’t rely on a general practicing physician if you break your arm, don’t rely on a general personal injury attorney if you’ve been sexually assaulted.
Sexual abuse cases are unique. You want to hire an attorney who specializes in sexual abuse.
Ask potential attorneys:
- How many sexual abuse cases have you worked on?
- What’s your success rate?
- How will you communicate with me during the process?
- What are your fees and do you work on contingency?
Contingency means that you don’t pay your attorney unless they win your case.
You shouldn’t have to pay hundreds if not thousands of dollars to file a sexual abuse claim.
Trust your gut.
Work with an attorney who you feel cares about you and your case.
Bringing It All Together
Seeking justice against your abuser is not easy.
But you don’t have to do it alone. A skilled sexual abuse attorney can guide you through the entire process and fight tirelessly on your behalf.
Remember:
- A sexual abuse attorney guides survivors through the process of filing a civil lawsuit
- Sexual abuse attorneys even the playing field against larger opponents
- Survivors can expect sexual abuse settlements ranging from thousands to millions of dollars
- Sexual abuse cases typically settle out of court within 6-18 months
- Be sure to hire an attorney who specializes in sexual abuse cases and works on a contingency basis
The lawsuit process is long, stressful, and arduous. But you can heal and fight back at the same time.
You Deserve To Have Your Voice Heard.
