If you have been sexually abused, the best chance of recovering damages is through a civil lawsuit. Depending on the circumstances, a victim of sex abuse may be entitled to either compensatory or punitive damages in the event of a successful personal injury claim. If a victim is awarded compensation, it can be used to cover costs like medical care, counseling, lost wages, mental agony, grief, and others. Find out how much money you may win in a lawsuit against your sex abuser in the United States.
In This Article:
- Types of Harassment
- Comparing Restitution and Compensation
- Types of Compensatory Damages
- Punitive Damages
- What You Need to Prove Sexual Harassment
- How Much Compensation Can You Get for Your Sexual Abuse Claim?
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Types of Sexual Harassment
Sexual harassment can take the form of either verbal abuse or physical contact, or visual.
Verbal Sex Abuse
Sexually suggestive statements or jokes are examples of verbal sexual harassment. The offender might either directly address the victim or make the comments in their presence with the purpose to make them feel uneasy.
Physical Sexual Abuse
Physical sexual harassment occurs when the victim is subjected to unwelcome physical contact, such as grasping, or when it goes even further and involves violence. Both verbal and physical attempts that aren’t acceptable are considered sexual harassment.
Visual Sexual Harassment
The sending of sexually graphic images or messages is a kind of visual sexual harassment. These might be pictures, videos, or even both.
Comparing Restitution and Compensation
To begin, you must recognize the distinction between criminal restitution and lawsuit damages. The term “restitution” refers to the aspect of a criminal punishment in which the perpetrator is ordered to reimburse the victim for damages sustained as a result of the crime. Restitution entails paying for the victim’s out-of-pocket costs, such as hospital bills or home repairs.
Restitution in a sexual abuse lawsuit may cover expenditures such as therapy, travel, medical visits, lost earnings, and other expenses. In criminal restitution, you cannot be compensated monetarily for emotional distress. Illinois’ criminal courts have no authority to provide compensation for emotional suffering, mental agony, or psychological damage.
A victim of sex abuse must resort to civil litigation to get monetary compensation for these noneconomic damages. The only way for a victim of sex abuse to receive adequate compensation is through a lawsuit filed against the offender.
Types of Compensatory Damages
The victim of a civil case may be awarded a wide variety of compensation. There are, however, two broad types of damages: compensatory and punitive. Punitive penalties are intended to deter future wrongdoing, whereas compensatory damages are meant to compensate the victim for their losses.
When a lawsuit for sex abuse is successful, the victim will get compensatory damages regardless of whether or not the judge decides to impose punitive damages. The following are examples of compensatory damages:
These include past and future expenses for care, such as those incurred during treatment, hospitalization, physical therapy, ambulance rides, prescriptions, medical equipment, in-home caregiving, and more.
Pain and Suffering
The previous emotional harm that the sexual abuser caused you, as well as the future psychological burden you will endure as a victim of sexual assault or abuse. In certain cases, this may involve a decline in one’s general satisfaction with life.
Lost Income and Benefits
You may be entitled to monetary compensation if you were forced to miss work due to your sexual abuse experience to seek professional help, recuperate from your injuries, or just get away from your abuser.
In situations of sexual abuse, punitive damages are often awarded as a means of punishing the offender. If the judge determines that the victim has not received adequate compensation or if the defendant’s conduct was exceptionally heinous, punitive damages may be awarded in addition to compensatory damages. A judgment of punitive damages can be levied against the defendant for several different reasons, including gross negligence, the intention to cause injury, malice, or criminal activities.
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What You Need to Prove Sexual Harassment
Victims who have been subjected to sexual harassment need to be able to back up their accusations with proof. Evidence can be found in a variety of forms, including but not limited to diaries, emails, texts, and photographs.
Victims in the workplace may need to include documents connected to the workplace such as performance reports. When documenting experiences in writing, it’s important to be as accurate as possible rather than exaggerating details. But it’s important to describe the situation’s effects on them physically, and mentally.
How Much Compensation Can You Get for Your Sexual Abuse Claim?
If you file a case against a sexual offender, you may be able to receive compensation for all of the associated losses. You may be able to recover thousand dollars in monetary and nonmonetary damages with the assistance of an attorney. If you’ve been the victim of sexual abuse, retaining legal representation can help you determine the full extent of your losses and pursue compensation.
Having legal representation might make it simpler to assess your case’s worth and pursue fair compensation. A sexual abuse suit often has a monetary value in the tens of thousands. However, you should know that every case is different.
Hence, you should consult an attorney to determine the potential value of your claim. You may, however, get a sense of a firm’s success in winning a fair settlement by looking at its track record of previous cases. Proof of a lawyer’s dedication to their client, the cases they handle and their level of professionalism may be found in their track record.
Get Lawsuit Funding for Your Sexual Abuse Claim from High Rise Financial
Do you need an affordable settlement loan for your sexual abuse claim? Contact us today at (866)-407-6404 to schedule a one-on-one consultation. Our trusted experts will be happy to discuss with you and help you understand your different legal funding options.