Surviving sexual abuse can leave a person with ongoing physical and psychological damage. Healing that damage is possible in many cases, but it always requires tremendous effort over a long period of time.
If you experienced sexual abuse, it could be possible to bring a civil lawsuit against your abuser. If an institution, such as a school, church, or employer, enabled the abuse, that institution is also liable for the harm you suffered. Contact an experienced and compassionate attorney at Phillips Law Group to learn how a Michigan sexual abuse lawyer can help you.
Act As Quickly as Possible
A civil claim for sexual abuse is a form of personal injury lawsuit. However, there is one important legal distinction. Because many survivors require years to process their experience, the time limit for bringing these suits is longer in sexual abuse cases.
Michigan Consolidated Laws § 600.5805(6) allows a sexual abuse survivor 10 years from the date of the abuse to file a civil lawsuit seeking compensation. If the survivor was under 18 when the violations occurred, the 10-year period does not begin until their 18th birthday. When a childhood sexual abuse survivor does not remember the abuse until later, they have three years to bring a lawsuit once they remember it and connect it to their injuries.
Even this longer statute of limitations may deprive people of access to the courts, especially those who experienced sexual abuse as children. However, bills to extend the time frame for legal action and open a window for survivors whose claims are time-barred are introduced into the legislature every year. Even if considerable time has passed, it is worth reaching out to the Michigan attorneys at Phillips Law Group to determine whether the law has changed or if a sexual abuse survivor has other legal alternatives.
Proof for Civil Claims of Sexual Abuse
Any unwanted touching for the purposes of sexual gratification is sexual abuse under Michigan law. A person under 18 cannot give legal consent to sexual activity. Therefore, any sexual contact between an adult and a minor is illegal in the state.
A survivor can bring a sexual abuse claim in civil court regardless of whether their abuser was prosecuted criminally. A survivor can bring a legal claim even if they never reported the abuse when it occurred.
The survivor must describe what happened under oath. Journal entries, records of communications from the abuser, and testimony of friends, family, and mental health providers can be helpful. When a sexual abuse survivor is concerned about privacy, an attorney from Phillips Law Group can shield their identity in Michigan court documents.
Determining Compensation for Sexual Abuse
Sexual abuse can cause persistent physical and mental health challenges. The experience can devastate a person’s self-esteem and lead to difficulties in school and work. Survivors may have trouble trusting, which impedes their intimate relationships.
A survivor can claim financial compensation for expenses they incurred due to the sexual abuse, such as the cost of medical and mental health services and diminished earning capacity due to their experience. They can also claim money for the impact the abuse had on their relationships and overall quality of life.
When the claim is against an individual, compensation depends heavily on whether the individual has assets or insurance to pay the claim. Institutions like schools, churches, and employers have insurance coverage and other resources to compensate survivors. A Michigan attorney will investigate the financial condition of the parties liable for the sexual abuse to ensure a survivor can obtain appropriate compensation.
Contact an Attorney in Michigan About Compensation for Sexual Abuse
Sexual abuse can have a profound impact on a survivor’s life, and coming forward to share your experience takes courage. Bringing a civil claim against your abusers is not the right choice for everyone, but many survivors regain a sense of agency by holding their abusers accountable.
If you are ready to share your story and seek justice, contact a Michigan sexual abuse lawyer at Phillips Law Group. The team represents survivors from all over the country and has the experience, skills, and compassion you need for this journey. Reach out today.
Available 24/7