Indiana Sexual Abuse Lawyer for Victims

Item: The Law Office of Andrew Shubin
Rating: 5
Author: Tina L

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Fighting For Important Causes In State And Federal Courts

We often think of sexual abuse as a criminal matter, but you might have other legal options for justice. While sexual abuse should be reported to the police, you may also pursue a civil case against those responsible.

Damages in sexual abuse cases might be significant. You might incur economic damages if you needed medical treatment for injuries sustained from the abuse. Damages for pain and suffering are also quite substantial, as victims are often haunted by the abuse for years. Speak to a lawyer soon, as your time to file might be running out. Victims of childhood sexual abuse may have until age 25 to file, while those abused as adults have even less time. You need to use this time to find evidence, including witnesses, records, and anything else that could help.

Call (814) 826-3586 and ask our sexual abuse lawyers for victims at The Law Office of Andrew Shubin for a free, private case analysis.

Damages Available in Indiana Sexual Abuse Cases

Injuries caused by abuse often require expensive medical care, and victims might be left with deeply rooted trauma that could take them a lifetime to process. Our sexual abuse lawyers for victims will review your damages and determine what kind of compensation your case may be worth.

Economic Damages

Sexual abuse can be violent, and victims often sustain serious injuries. Reporting the injuries is often difficult, as victims might be too afraid to come forward. Some people wait a long time before seeking treatment, and their injuries only worsen with time.

By the time you receive treatment, you may be facing substantial hospital bills. If the abuse happens repeatedly over time, you might have to go to the doctor a lot to deal with recurring injuries. These expenses will add up quickly, and you deserve fair financial compensation.

Non-Economic Damages

Non-economic damages refer to injuries or losses that cannot be measured by cost. Chief among these damages is the plaintiff’s psychological trauma and emotional distress.

Victims often feel a swarm of negative emotions, including shame, humiliation, and fear. Sexual abuse can be so traumatic that many victims live with the psychological scars of the abuse for decades. This turmoil deserves fair compensation, and it should be substantial.

When You Must File a Civil Case for Sexual Abuse in Indiana

It is normal for victims of sexual abuse to take time to come forward. Unfortunately, the law is not forgiving to the needs of victims, and the statute of limitations imposes a strict time limit.

According to I.C. § 34-11-2-4(a), people who are sexually abused as adults have a mere 2 years to file their case. This limitation period typically begins when the cause of action accrues, which is usually the date of the abuse. If a person is abused multiple times over a longer period, the limitation period may begin from the most recent instance of abuse.

Victims of childhood sexual abuse may have a bit longer to file legal claims. Under subsection (b) of the above statute, plaintiffs have 7 years from when the cause of action accrues or 4 years after the victim ceases to be dependent on the person alleged to have abused them. The cause of action may accrue when a victim of childhood sexual abuse turns 18, effectively giving them until age 25 to file.

Evidence to Support a Civil Case for Sexual Abuse

Evidence in sexual abuse cases is often difficult to gather, especially if victims wait a long time before reporting the abuse. Even so, evidence may be out there.

First, your testimony may be the most powerful evidence in your case. Your recollection of the abuse, how it happened, where it happened, and how often it occurred, is crucial to proving your claims. Sworn testimony from abuse victims is often emotionally charged, and jurors may sympathize with your struggles.

We should also consider the possibility of witnesses. Abuse usually does not happen out in the open where others can see, but other people might have personal knowledge about the abuse. For example, if a family friend abuses a victim, other members of their family might know about the abuse.

Medical records may also be important if you were treated for injuries sustained during the abuse. Your records may corroborate your testimony about being injured from the abuse. A medical expert might review your records and determine if the injuries are consistent with sexual abuse.

Who May Be Held Responsible for Sexual Abuse in a Civil Case

While the person who committed the abuse should be held responsible, others and parties may also be implicated. It is not unusual for sexual abuse cases to include schools, religious groups, and employers.

Schools

You might be able to sue a school or school district if you were abused as a student. This is an unfortunately common situation in sexual abuse cases. Many victims report being abused by a teacher, coach, or school administrator. Suing a public school can be challenging, as it is a governmental entity. Private schools may be sued just like any other private entity.

Religious Organizations

Another common situation in sexual abuse cases is suing religious groups. Many people report being abused by church leaders as children, and they might not feel comfortable reporting the abuse until they are adults. By that point, the abuser might be long gone, but the church itself may still be held legally responsible. In some cases, investigators discover that the church knew about the abuse and took steps to cover it up, possibly putting other young victims at risk.

Employers

Many abusers use their position of authority to enact the abuse. Perhaps a coworker or a supervisor at your job threatened your employment unless you agreed to a sexual encounter. Perhaps you reported the abuse to HR, but nobody took action to stop it. We can help you sue your employer and the abuser for fair compensation.