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If you have been a victim of sexual assault and abuse, you could have emotional scars that last for a lifetime, as well as extensive financial losses and serious physical injuries. Your perpetrator can receive punishment for their actions, such as fines, jail or prison time, or other penalties through criminal prosecution and conviction. However, those punishments do little to alleviate the immense harm you or other victims experienced due to the perpetrator’s abuse.
Civil recovery from sexual abuse addresses that harm to the fullest extent possible under the law by compensating you for specific damages caused by the mistreatment you experienced. Since you are new to civil litigation, it can be hard to know how best to approach a claim like this or even what kinds of damages you can seek. Therefore, it is important to get help from a capable sexual abuse attorney at Phillips Law Group.
Civil lawsuits and criminal prosecution serve different purposes, as outlined previously. In addition, several procedural differences between civil and criminal sexual abuse cases are important for anyone seeking recovery to understand. Firstly, the two types of cases often have different statutes of limitations, which set different time limits for starting a case after the abuse. Thanks to recent legislative efforts in many states, it is not uncommon for sexual abuse victims to have many years or even decades to construct and file a suit.
Furthermore, criminal prosecutors must establish someone’s guilt beyond a reasonable doubt to obtain a conviction. However, that person can be found civilly liable for damages if there is just enough evidence that the chance they committed the crime is higher than 50 percent. Finally, if both civil and criminal proceedings occur simultaneously, the outcome of one case will have no direct bearing on the outcome of the other. It is possible for someone to be found civilly liable for sexual abuse even if they were not convicted—or even charged—in criminal court.
Through a successful lawsuit or settlement demand, it is possible to recover for both objectively valued financial losses and subjectively valued personal losses stemming from sexual abuse. In legal terms, these are known as economic and non-economic damages. While no two cases are exactly alike, examples of losses include:
An experienced lawyer can help with identifying exactly what losses should be factored into a specific claim and ensure that they are valued appropriately in a settlement or civil damage award.
Even if you have lots of evidence to support your claim, the idea of seeking civil recovery from sexual abuse by suing perpetrators can be an intimidating prospect. However, support is available from dedicated legal professionals who can help you stay in control of the process and are not afraid to take your case to trial if needed to get you paid what you deserve.
If you have questions about what legal options you have or the best path forward, a sexual abuse lawyer can answer them in detail. Call Phillips Law Group today to schedule your confidential, free, and no-obligation consultation.
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