For many survivors, filing a lawsuit may seem like a daunting experience. In many cases, these individuals would be required to retell the circumstances, and reliving that trauma may prevent them from reaching out to an attorney for assistance.
However, filing a sexual abuse lawsuit allows survivors to seek justice and compensation, and while some cases can take months or years, they are often resolved through settlement. Stick with us at Phillips Law Group to discover what happens after you file a sexual abuse lawsuit.
After you speak with your attorney about your sexual abuse lawsuit, if we take your case, we will start with an investigation. During this phase, our legal teams gather all the available evidence, including medical records and police reports, to determine liable parties.
Next, we move on to drafting and filing your complaint. This step involves submitting a formal document with the court, outlining your allegations, injuries, and damages. Once the accused is served with a copy of your complaint, they have the opportunity to respond to the allegations.
Once the defendant has answered your complaint, this action initiates the discovery phase. During this stage of the lawsuit, both sides exchange information, including written interrogatories, document requests, and depositions. Many cases are resolved through negotiation, offering a guaranteed financial recovery without the stress of a trial. However, if we believe the settlement is unfair, we are not afraid to take your case to trial where evidence is presented to a judge or jury to issue a verdict.
Filing a lawsuit can be an emotional and often scary situation that you may not want to make public. Rest assured, the courts have measures to protect your identity, such as using pseudonyms. Just remember, there is a statute of limitations for these matters. Under ARS §12-542, that time frame is typically just two years from the injury date, unless you were a minor at the time. In that case, the statute is often tolled (or paused) until you turn 18.
Beyond lawsuits that target the individual abuser, it may be possible for our firm to file a complaint against an institution that acted negligently, such as schools, churches, or employers. Additionally, survivors can file a civil suit regardless of whether a criminal case was filed or even resulted in a conviction.
If you are a survivor of sexual abuse, you are sure to have a long list of questions about the legal process. Schedule your free consultation to learn more about what happens after you file a lawsuit. Our compassionate team will guide you every step of the way, and with more than 30 years of experience managing sexual abuse cases, you know you found the right firm to represent your unique needs.
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