Survivors of sexual abuse often face a long road to recovery, and the legal system can seem like another confusing obstacle. If you’re seeking answers, you have the right to seek justice on your own terms. A personal injury lawyer can help you file a claim for compensation against the offender.
A personal injury lawyer experienced with sexual abuse cases defends your rights as a survivor in the civil court system. They act as your advocate, protecting your privacy and fighting for accountability.
Key Takeaways for Sexual Abuse Lawyer
- A personal injury attorney with specific and substantial experience in sexual abuse civil claims is the right legal advocate for survivors.
- These attorneys focus on filing civil lawsuits for financial compensation, which are entirely separate from any criminal proceedings.
- You may pursue compensation for therapy, medical bills, lost income, and the immense emotional distress you have suffered.
- When you consult with a lawyer about your experience, you’ll have a confidential and protected conversation that can provide clarity about your legal options.
The Role of a Personal Injury Attorney in Sexual Abuse Claims
A personal injury lawyer is the advocate you need after sexual abuse. This may seem confusing because people often associate these lawyers with car accidents or slip-and-fall incidents. However, the core of personal injury law is holding a person or entity responsible for causing harm to another.
Attorneys who focus on these cases operate within the civil justice system. Their primary objective is not to send an abuser to jail—that is the function of the criminal justice system. Instead, their goal is to secure financial justice for the survivor.
Compensation helps cover the immense costs associated with recovery, from therapy and medical treatment to lost wages and the profound emotional pain inflicted. Your attorney will build a case to demonstrate the financial, emotional, and physical damages you have endured.
They work to prove that the actions of the abuser directly led to these harms. A knowledgeable attorney provides the guidance you need to pursue a claim for the significant personal injuries you have sustained.
Distinguishing Between Civil and Criminal Sexual Abuse Cases
The legal system has two main branches that address sexual abuse: criminal and civil. A district attorney or prosecutor brings a criminal case on behalf of the state. A sexual assault defense lawyer helps a survivor bring a civil case on their own behalf.
These two types of cases can occur simultaneously, one after the other, or completely independently of one another.
The Goal of a Criminal Case
In the criminal justice system, the government prosecutes the abuser for breaking the law. A prosecutor must prove the defendant’s guilt to a jury. If the case is successful, the consequences involve punishment, such as jail time, fines paid to the state, and being registered as a sex offender.
The survivor is a witness in the criminal case, but they don’t control the proceedings.
The Goal of a Civil Lawsuit
A civil lawsuit, by contrast, is a private action one files to hold the abuser accountable for the harm they caused. The survivor is the plaintiff and controls the decisions in your case with the guidance of your attorney.
The objective here is not imprisonment but financial compensation, known as damages, paid directly to you. This compensation is intended to help you manage the tangible and intangible costs of the trauma.
Different Standards of Proof
One of the most significant differences lies in the burden of proof required to win the case. Criminal cases demand that the prosecutor prove guilt beyond a reasonable doubt, which is a very high standard.
A civil case requires your attorney to prove liability by a preponderance of the evidence, which means showing it’s more likely than not that the abuse occurred and caused your damages.
This lower standard of proof means you can win a civil lawsuit even if the abuser was never charged with a crime or was found not guilty in a criminal trial.
What Types of Compensation Can Survivors Pursue?
A civil lawsuit allows you to demand compensation for the comprehensive impact the abuse has had on your life. Your sexual abuse lawyer calculates these damages to reflect the full extent of your losses.
While no amount of compensation can undo the harm, it can provide the resources needed for your healing and future stability.
Common forms of compensation include:
- Medical and Therapy Costs: This covers all past and future expenses for medical treatment, psychological counseling, therapy sessions, and any other healthcare needs related to the trauma.
- Lost Income and Earning Capacity: You may recover wages lost if you had to take off work for recovery. If the trauma has impacted your ability to earn an income in the future, you can also pursue damages for diminished earning capacity.
- Pain and Suffering: This compensates you for the immense physical pain, emotional anguish, and psychological distress you have endured. This includes conditions like anxiety, depression, post-traumatic stress disorder, and loss of enjoyment of life.
- Exemplary Damages: In some cases, a court may award exemplary damages. These aren’t meant to compensate you for a specific loss but to punish the abuser for their malicious conduct and to deter similar behavior in the future.
Identifying Responsible Parties Beyond the Abuser
In many sexual abuse cases, the abuser didn’t act in a vacuum. Often, institutions or organizations were in a position of trust and failed to protect the people in their care. A skilled sexual abuse lawyer will conduct a thorough investigation to identify all parties who may share liability for what happened.
Institutional Liability
Organizations have a legal duty to provide a safe environment for people under their supervision. When they fail in this duty, they can be held responsible for the abuse that occurs. Examples of institutions that can be held liable are numerous.
Here are a few common examples:
- Schools and Universities: These institutions are liable when they fail to act on reports of misconduct or don’t have proper policies to prevent abuse by staff or students.
- Churches and Religious Organizations: These organizations are responsible when they conceal abuse, move abusive clergy to new locations, or fail to report abusers to the authorities.
- Youth Organizations: Groups like sports leagues, camps, and clubs may be held accountable when they neglect to screen volunteers and employees properly.
- Hospitals and Care Facilities: A facility may be found liable when its staff members abuse vulnerable patients and the administration fails to implement adequate safety measures.
- Corporations: Businesses, including rideshare companies, may be held liable for sexual assault cases when they neglect to implement adequate safety measures or fail to protect employees and customers from misconduct by supervisors, coworkers, or clients.
Negligent Hiring or Supervision
An institution may be held liable if it knew or should have known about an abuser’s dangerous history but hired or retained them anyway. This includes situations where an employer failed to conduct a proper background check.
Negligent supervision occurs when an organization fails to monitor its employees or implement policies that would have prevented the abuse.
Property Owner Responsibility
In some situations, the owner of the property where the abuse occurred may be liable. Premises liability claims may apply if a property owner failed to provide adequate security, such as proper lighting, functional locks, or security personnel. When these failures occur, they can create an environment where assaults are more likely to happen and may also raise issues of business liability for sexual assault in Texas.
Navigating the Statute of Limitations in Texas
A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. In Texas, the deadlines for filing a civil sexual abuse lawsuit are complex and depend on several factors, primarily the age of the survivor when the abuse occurred.
For adults, the general personal injury statute of limitations is two years from the date the abuse occurred. For survivors of child sexual abuse, the rules are different. Texas law recognizes that it can take years, or even decades, for a survivor of childhood abuse to be ready to come forward.
The discovery rule may apply, which means the clock on the statute of limitations may not start running until the survivor connects their injuries to the abuse.
The laws surrounding these deadlines are constantly evolving, and there are many exceptions and specific conditions. An experienced personal injury attorney can evaluate the specific details of your situation and determine the correct legal deadline that applies to your case.
How a Personal Injury Lawyer Helps With Sexual Abuse Cases
Hiring an attorney does more than just give you a representative in court; it provides you with a protector and a guide through a difficult process. The role of a personal injury attorney in sexual abuse cases is to take on the legal burdens so you can focus on your well-being.
Specific ways an attorney helps you include:
- Conducting a Confidential Investigation: Your lawyer will discreetly gather evidence to build your case, including tracking down witnesses, obtaining documents, and uncovering any history of misconduct by the abuser or institution.
- Handling All Communications: Your attorney becomes your shield. They manage all interactions with the abuser’s legal team and any insurance companies, so you don’t have to speak with them directly.
- Protecting Your Privacy: A lawyer can file motions to use a pseudonym in court filings and take other legal steps to protect your identity and keep your personal information out of the public record as much as possible.
- Identifying All Liable Parties: Lawyers have the experience to investigate whether any institutions share responsibility for allowing the abuse to happen.
- Calculating the Full Extent of Your Damages: An attorney works with medical, psychological, and financial experts to document and calculate the total value of your claim, ensuring no cost is overlooked.
- Advocating Powerfully on Your Behalf: Whether negotiating a private settlement or arguing your case before a jury, your attorney is your dedicated advocate, fighting to achieve the best possible outcome for you.
FAQ for What Kind of Attorney Handles Sexual Abuse Cases?
Many survivors fear a courtroom confrontation. However, the vast majority of civil sexual abuse lawsuits are resolved through a confidential settlement long before a trial becomes necessary.
If your case does proceed to trial, your attorney will prepare you for every step and use legal procedures to minimize your contact with the abuser.
You may still have the right to file a lawsuit even if the abuse occurred in your childhood. Texas laws have special provisions and a discovery rule that can extend the time limit for survivors of child abuse.
The best way to know if you’re still within the legal timeframe is to speak with a personal injury attorney who can analyze the specifics of your case.
Your attorney can take several legal measures to protect your privacy. This can include filing the lawsuit under a pseudonym (Jane or John Doe), requesting that the court seal sensitive documents, and negotiating confidentiality clauses as part of any settlement agreement.
Your initial consultation and all subsequent conversations with your lawyer are also entirely confidential.
The evidence used in a civil case can be broad and doesn’t require the same standard as a criminal case. Evidence can include your own testimony, testimony from friends or family members you confided in, journals or diaries, therapy records, and expert witness testimony.
Your lawyer may hire an investigator who can also uncover evidence, such as other victims of the same abuser or institutional records showing a pattern of cover-ups.
A personal injury attorney can assist with your case regardless of the status of any criminal investigation. The civil justice system is independent of the criminal justice system.
You have the right to file a civil lawsuit for damages, whether or not the police were ever involved, criminal charges were filed, or the prosecutor secured a conviction.
Take the First Step Toward Justice
Making the decision to explore your legal options is a courageous act of reclaiming your power. The right legal team provides the support, guidance, and fierce advocacy you need to seek accountability and secure the resources for your recovery.
At Ryan Orsatti Law, we stand with survivors. We’re committed to handling your case with the dignity and determination it requires. Contact us for a free, confidential consultation to discuss your rights and options.
Call 210-525-1200 today to speak with a personal injury lawyer who can help.