Time Frame to File a Sexual Abuse Lawsuit

Time Frame to File a Sexual Abuse Lawsuit

The timeframe to file a sexual abuse lawsuit depends on state law, how liable parties respond to your case, and several other factors. The statute of limitations for filing a sexual abuse lawsuit will set the timeframe for your case to some degree. Some states have no statute of limitations for childhood sexual abuse, while others require victims to take legal action within a specific period.

Many other variables can influence the timeframe for resolving your case. If you want to shrink the timeframe, hire a lawyer. Your lawyer’s job will be to secure your compensation as soon as possible, and their experience will enable them to operate efficiently.

A Quick Timeline of a Sexual Abuse Lawsuit

So that you have some concept of what lies ahead, here is a very zoomed-out timeline of the typical sexual abuse lawsuit. A lawyer typically leads this process on behalf of their client:

Determine If the Statute of Limitations Is Active

The statute of limitations matters. It is one of the most pressing reasons for you to hire your sexual abuse attorney today—don’t even wait one more day, as that can be the difference between the statute of limitations passing before you can file.

Your attorney will be extremely knowledgeable about state laws. They will inform you whether the window for filing your case remains open. Even if that window appears closed, there can be exceptions to statutes of limitations for sexual abuse lawsuits.

File the Case

Your sex abuse attorney will file your case as soon as possible, which typically requires a lawyer to:

• Determine the court in which they need to file the case (which may depend on where the abuse took place and where you currently are)
• Draft the civil complaint
• File the case
• Ensure defendants named in the case are notified of the lawsuit

Your lawyer may also file a report with law enforcement if you have yet to do so. Though criminal proceedings are not necessary for you to file a civil suit against an abuser, you deserve all the justice available to you—civil, criminal, or otherwise.

Seek a Settlement

The numbers show that most plaintiffs and defendants in civil lawsuits can settle. This is not to say that negotiating a fair settlement is easy. However, it indicates that a settlement is typically worth pursuing.

Lawyers are fit to negotiate on behalf of sexual abuse survivors because:

• They have negotiated many settlements before
• They are familiar with negotiation tactics used by insurers and civil defense attorneys
• Paralegals and other team members help lawyers prepare for negotiations
• A lawyer can credibly tell liable parties that if they do not pay their client fairly, they will proceed to trial

Your and your lawyer’s goal may be a fair settlement obtained as soon as possible. If this goal is possible, a capable lawyer will achieve it. However, it is the liable parties’ decision whether to negotiate in good faith (or not).

Go to Trial If the Survivor Does Not Receive an Acceptable Settlement Offer

You deserve justice, no matter the path your lawyer needs to take to get there. Many survivors of sexual abuse find justice through settlements. Others get justice because their sex abuse lawyer convinces a jury to award them a fair sum.

Appeals may also be a part of a civil sexual abuse case, though your case may not require it. The best-case outcome is that you receive all the compensation you deserve through either a settlement or a judgment.

Acts That Qualify as Sexual Abuse

Since we are discussing sexual abuse lawsuits, it is worth discussing what sexual abuse is. One source defines sexual abuse as “the actual or threatened physical intrusion of a sexual nature,” and this may include:

• Rape
• Forceful penetration with a foreign object
• Unwanted touching
• Unwanted kissing
• Excessively rough sexual activity 
• Sexual activity while someone is asleep or unconscious 
• Any sexual contact with a minor or unwilling participant

If you suffered sexual behavior against your will, through coercion, or without knowledge, this can be grounds to file a sexual abuse lawsuit. No matter your gender, age, or the circumstances of the sexual abuse, now is the time to call an attorney.

Exploitation, harassment, and other types of sexual misconduct can also be grounds for you to take civil action. If you have suffered harm because of physical, verbal, or other types of sexual wrongdoing, begin speaking with law firms today.

Sexual Abuse Can Happen on a Mass Scale—But It’s the Individual Victim Who Deserves Justice

Experienced sexual abuse lawyers have seen systematic instances of widespread sexual abuse. These cases often involve patterns of predatory behavior, and some high-profile examples of such cases are:

• Sexual abuse in the Mormon church
• Clergy abuse
• Boy Scouts of America sexual abuse cases
• The USA Gymnastics sexual abuse scandal

There are many more cases in which individuals are preyed on by sexual abusers without any larger pattern of abuse taking place. In all of these cases, there is a common fact that you must take to heart: The individual victims of sexual abuse deserve justice.

How Do I File a Sexual Abuse Lawsuit?

Once you recognize that you deserve justice and may find that justice through your state’s civil courts, you might then wonder how to file a sexual abuse lawsuit. The most important step in filing a sexual abuse lawsuit is to hire an attorney.

Hiring a sex abuse lawyer takes care of many problems, challenges, and concerns in a single action. When you retain a lawyer to lead your sexual abuse lawsuit, you:

• Do not have to take time away from your recovery process—a process that demands your whole attention—to focus on your case
• No longer have to worry about getting justice for yourself—let your attorney worry about it
• Don’t have to re-engage with the details of your sexual abuse, which will be central to your case 

You should take significant comfort in having an attorney represent you. Their legal training, experience leading cases like yours, familiarity with the local courts, a team of legal professionals, and financial resources are more than enough reasons to trust them.

Your Attorney Will Take Care of Every Aspect of Your Case

We have already discussed a basic timeline for sexual abuse lawsuits. That timeline does not adequately show just how helpful your attorney will be. Your lawyer and their team will deliver immense value by:

Protecting You

A lawyer is a defender. Sexual abuse survivors know, more than most, how important a guardian is. Your attorney will protect you in several ways, including by:

• Proactively advising you so no mistakes or misunderstandings jeopardize your case
• Representing you in all communications with insurance companies, defense lawyers, and others involved in your case
• Preventing bad-faith tactics, such as misleading questioning and information from insurance companies or civil defense lawyers, from undermining your case

Your lawyer will also advise you about whether settlement offers are fair. This will protect you from accepting a lowball offer and ensure you don't get shortchanged.

Proving You’re the Victim of Sexual Abuse

Proving sexual abuse is not something you should have to do. However, when you are seeking compensation for abuse-related damages, this is a necessary step. Let your lawyer prove that you’re a survivor of sexual misconduct by:

• Identifying and interviewing any witnesses to the sexual abuse
• Consulting medical professionals about biological indicators of abuse
• Consulting mental health professionals about emotional anguish, psychological distress, reckless behavior, and other common symptoms of sexual abuse
• Presenting your own recollection of the abuse

Your sex abuse attorney will fully comprehend how sensitive your circumstances are. They will be immensely compassionate as they secure evidence and prove that you are, in fact, a survivor worthy of justice.

Showing How the Abuse Has Negatively Impacted You

We might also call this “documenting your damages.” Your legal team may prove the economic and non-economic cost of the sexual abuse by:

• Again, getting your account of how the abuse has affected you
• Citing mental health professionals’ evaluations of your pain and suffering
• Securing all medical bills that indicate the healthcare-specific cost of the abuse
• Presenting financial records that indicate you’ve lost income or suffered other economic damages because of the abuse

If it’s appropriate and relevant, your lawyer may also speak with your loved ones. They may explain how they’ve seen the symptoms of abuse affect you.

Establishing a Fair and Accurate Case Value

Sexual abuse can cost survivors self-esteem, psychological and emotional well-being, money, quality of life, and their willingness to trust. These are just some of the many losses your lawyer will factor into your case value.

Your case value must reflect non-economic damages, with pain and suffering being the most common type of non-economic harm. Your lawyer must also factor into your case valuation any future damages you will incur due to the injuries you have suffered.

Fighting for the Settlement You Deserve

Survivors are fighters. Your lawyer will be, too. They will have a clear understanding of how much money you deserve for abuse-related damages. They will directly demand the compensation you deserve from liable parties.

If liable parties find your lawyer’s case persuasive, they may extend the settlement offer you deserve. That may be justice served and mark the end of your case.

Presenting Your Case at Trial, If Your Case Comes to That

Proceeding to trial is the right decision in certain sexual abuse cases. The primary reason why you might go to trial is simple: Liable parties do not offer a fair settlement.

If your case leads to court, your attorney will:

• Prepare you for what trial entails
• Handle all communications with the court
• Complete all necessary pre-trial proceedings, such as motions hearings and depositions
• Make your case in front of a judge or jury, who will be responsible for rendering a decision

Your lawyer will advise, inform, warn, and update you at every turn of your case. They will ensure you have complete information, as being informed is the key to making the right decisions—and, ultimately, getting justice for the abuse you’ve suffered.

Damages Sexual Abuse Survivors Generally Deserve Compensation For

Survivors know how intensely the pain of abuse affects someone. Your lawyer will understand this, too, as they will have extensive experience representing other survivors. Some of the damages that are common among survivors of sexual wrongdoing are:

Pain and Suffering

Pain and suffering is perhaps the most common and insidious effects of sexual abuse. Survivors have survived, but the tremors of sexual abuse may cause them:

• Post-traumatic stress disorder
• Anxiety
• Depression
• Loss of quality of life
• Emotional anguish
• Psychological distress
• Thoughts of self-harm 
• Substance abuse problems

The cost of such damages may not be obvious, but it exists. Your lawyer will determine the cost of these and any other abuse-related pain and suffering you experience.

The Cost of Treatment for Abuse-Related Pain and Suffering

For most survivors of sexual abuse, treatment is not optional. It’s essential if they are going to heal and recover.

If you elect to receive therapy, counseling, or other treatments for your abuse-related trauma, your sex abuse attorney will seek compensation for these services.

Medical Costs

If you receive any medical services for the direct effects of abuse or secondary effects (like physical symptoms of PTSD), these costs will be included in your case.

Professional Losses

Sexual abuse survivors might face several professional losses, including:

• Lost income
• Diminished earning capacity
• A downturn in your career trajectory
• Loss of benefits
• Loss of bonus and overtime pay

Your attorney will account for every economic and non-economic damage you’ve suffered. You did not deserve to suffer abuse, and it’s time liable parties pay for the harm they have caused.

Hire Your Sexual Assault Lawyer Today. Justice Awaits 

You should not expect that those who are liable for your sexual abuse—including the individual who perpetrated it—will show contrition and hand over the compensation you deserve. You will almost certainly have to fight for justice.

Lawyers fight for survivors. Now is the time to hire your sexual abuse attorney, as your case’s filing deadline may be closer than you realize.