Sexual assault and sexual abuse victims have the right to file civil suits against those who assaulted them. When someone is accused of sexual assault, criminal charges may be filed; if the perpetrator is found guilty, he or she may face jail time, fines, probation, and other penalties. However, a sexual assault victim’s only recourse for obtaining monetary compensation for injuries is through a civil lawsuit. It is possible to file a civil case over any sex offense.
Rape, sexual abuse of a minor, sexual battery, indecent exposure, sexual harassment by a medical professional, and any other non-consensual conduct of a sexual nature are all common causes of sexual assault lawsuits.
The accused does not need to have already been convicted of or even accused of a crime. You have a valid claim if you were hurt by someone else’s misconduct. Both compensatory and punitive damages may be available to a victim of sexual assault. Damage claims can be substantial if they seek compensation for things like medical expenses, psychological therapy, lost income, diminished earning potential, pain, and suffering (including post-traumatic stress disorder), lost quality of life, disfiguring scars, sleepless nights, anxiety, and other mental and emotional suffering.
Your spouse or domestic partner, depending on the circumstances, may be entitled to file a claim for loss of consortium against the offender if they feel they have lost companionship, emotional support, or intimacy as a result of the incident.
Who Can File A Sexual Assault, Abuse, Or Violence Lawsuit?
You have the right to claim damages if you were subjected to uninvited contact or unwelcome sexual conduct. If a family member witnessed the assault, they may be able to file a claim for reckless infliction of emotional harm to the victim. If the assault or abuse directly caused the victim’s death, the victim’s family may be able to file a claim for wrongful death.
As a result of the attack, a spouse or domestic partner has lost the company, emotional support, and/or closeness of their relationship.
To apply for free, call (877) 735-0016
Damages for Sexual Assault Cases
Below, we break down the various forms of compensation available to victims of sexual assault through civil lawsuits. Damages can be Pecuniary, Non-pecuniary, or punitive.
Pecuniary Damages: The term “pecuniary damages” is commonly used to refer to monetary losses. These include lost earning capacity and costs associated with both past and future treatment resulting from the sexual assault.
Non-Pecuniary Damages: Sexual assault lawsuits typically award substantial non-monetary damages. Emotional distress, physical discomfort, a decline in quality of life, interpersonal issues, and other similar issues are all part of this category.
Punitive Damages: Punitive damages are awarded not to recompense the victim but to deter future criminal behavior. These are meant to convey the level of disapproval felt by the community and deter further bad behavior. The defendant’s actions must be deemed extremely cruel or vengeful by the court.
How to File Your Sexual Assault Claims
The first step in entering court is to get legal counsel to act as an advocate on your behalf. Your attorney will write a demand letter explaining the situation and proposing a financial settlement. The culprit usually cares about maintaining a positive image. Non-disclosure agreements (NDAs) are often used as bargaining chips in these sorts of situations. Even though this will most certainly raise a victim’s financial reward, many victims do not regard this to be a suitable remedy and would rather have the case heard by a jury.
The litigation procedure advances to the next level after court proceedings begin. It is common practice for the plaintiff to file a Statement of Claim with the court after negotiations with the defendant failed. It won’t take long until the investigation process starts. If neither party settles the complaint after being questioned under oath, the case goes to trial.
Under oath, both the plaintiff and the defendant will testify during discovery and submit any evidence they believe supports the claims. Specialists are consulted to assess the victim’s injuries and calculate the financial costs associated with the assault. Once these steps are finished, the trial can begin. The court will have to evaluate if sexual assault actually happened, how much it hurt the plaintiff, and whether she suffered any financial damages as a result.
Do I Need to Settle?
The great majority of sexual assault claims do end in settlement before going to trial. Neither the victim nor the defendant needs to go through the ordeal of publicly admitting fault. In addition, the plaintiff has significant expenses that must be covered to proceed with a trial.
Confidentiality clauses are standard in these sorts of settlements. These releases usually provide victims the freedom to talk about the incident with their doctors and loved ones. However, the victim is not allowed to publicly identify the defendant in social media posts or other public discussions about the incident. When deciding if you want to settle your lawsuit, it is vital to examine your motivations for doing so.
If you or someone you care about has been the victim of sexual abuse or assault, you should talk to a personal injury attorney about filing a lawsuit for damages. Your lawyer will do whatever it takes to get you the most compensation possible for your lawsuit. Lawsuit funding is a financial option for people who have been injured in court and need money quickly.
Settlement negotiations and court trials can both stretch on for months (or even years). Recovering litigants who need financial support might benefit greatly from lawsuit financing to meet expenses like growing medical bills, missed rent payments, and mortgage payments. In most cases, parties that need funding urgently can get it within 24 hours through pre-settlement finance without having to worry about a credit check.
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