Kentucky Sexual Abuse Lawyer Representing Victims

Victims of sexual abuse often endure years of emotional distress, and they deserve justice. Unfortunately, justice in criminal court is not always possible. You can file a civil claim against the person who hurt you and get financial compensation for everything you have endured.

To begin building your case, we must collect evidence and information about the abuse. Depending on who the defendant is, we may need school, business, and police records to find what we need. We also must assess your damages. Economic losses are often not major factors, especially if the abuse happened a long time ago. However, non-economic damages for emotional turmoil and distress may be significant. You should speak to a lawyer as soon as possible, as you have a limited amount of time to file your case, and this time can vary based on your situation.

Get a free case review from our sexual abuse lawyers representing victims at The Law Office of Andrew Shubin by calling (814) 826-3586.

Evidence We Need for a Civil Case for Sexual Abuse

We must have evidence to support your claims in civil court. More specifically, we must be able to prove your claims by a preponderance of the evidence, meaning we must show it is more likely than not that the defendant is liable.

The key evidence in your case may be your own testimony. While testifying about the abuse in court in front of the defendant is frightening, it may be necessary to prove your claims. There are certain details that only you might know about and be able to explain on the witness stand. You may testify regarding everything that happened leading up to, during, and after the abuse.

We should also examine records related to the case. If you sought medical attention for injuries caused by the sexual abuse, we can use medical records to prove your injuries. In some cases, medical experts can testify that your injuries are consistent with sexual abuse.

Our sexual abuse attorneys representing victims may consult other records depending on who you sue for damages. If you sue an employer, we may need access to certain business records. If you sue a school, its records might be important to the case.

Damages Available in a Civil Case for Sexual Abuse in Kentucky

Damages in sexual abuse cases may be quite high, as trauma and psychological distress in these cases are often significant. While your damages will be unique to your case, we can examine economic and non-economic injuries and losses to get an idea of what your claims are worth.

Economic damages are not always present in sexual abuse cases, but they can be worth a lot of compensation when they exist. You may claim the cost of medical treatment if the abuse caused injuries. If the abuse happened repeatedly over a long time, you might have numerous hospital visits to claim, and damages may be high.

Non-economic damages are where your claims can skyrocket. Non-economic damages largely account for your pain and suffering, both physical and mental. Sexual abuse is known to be deeply traumatic, and victims often suffer for many years. Depending on your specific situation, you may be able to claim very high damages for the pain and trauma you endured and continue to endure.

When You Must File a Sexual Abuse Case in Kentucky

It can be difficult to come forward with sexual abuse claims, but you must do so before the statute of limitations runs out. If you do not file a case on time, you might be time-barred from doing so.

Abuse During Childhood4

People who experienced childhood sexual abuse usually have more time to file civil claims. Under K.R.S. § 413.249(2), you have 10 years from when you turn 18 to file a case. While this is longer than many other statutes of limitations, it is a relatively short limitation period for sexual abuse cases. Many victims wait decades before coming forward with claims, and many run out of time.

Abuse During Adulthood

If you were sexually abused as an adult, you have even less time to prepare your case.

According to K.R.S. § 413.2485(2), an adult victim may file their claim within 5 years of the last incident of abuse. This is crucial for those who might experience abuse multiple times over a long period.

Alternatively, you have 5 years from when you knew or should have known of the abuse. This may come up in cases where an adult did not know they were abused as a child or repressed their memories for a long time.

The law also accounts for those who might not have initially known the abuser’s identity. In that case, you have 5 years from when you learn of the abuser’s identity to file the case.

Finally, if the defendant is criminally charged, you have 5 years from the defendant’s criminal conviction to file your case.

Who Can You Sue for Sexual Abuse?

While we can file a case against the abuser, we may also consider including other defendants, depending on your situation.

In many cases, people are abused by those closest to them: their family. A parent, sibling, or other relative might have sexually abused you, and you can hold them responsible in court. If a parent or legal guardian knew of the abuse and did nothing to stop it or knowingly allowed it to happen, they might also be held responsible.

In other cases, plaintiffs sue teachers who abused them while they were in school. You may sue the teacher and possibly the school or school district they worked for. Alternatively, you might sue a coach or school administrator.

Many other victims report being abused by church or religious leaders. Many say they could not report the abuse sooner because the church covered it up or pressured them into staying quiet. You can sue the abuser in addition to the larger religious organization behind them.

Our Kentucky Sexual Abuse Attorneys Representing Victims Are Here to Help

Get a free case review from our sexual abuse lawyers representing victims at The Law Office of Andrew Shubin by calling (814) 826-3586.