Can Sexual Abuse Survivors Get Justice Without Going to Court?

Filing a sexual abuse lawsuit helps survivors get justice and obtain some compensation for their damages. Filing a lawsuit doesn’t mean you necessarily have to go to trial, however, and our lawyers may settle your case so you don’t have to go to court and face an abuser if you don’t want to.

To get justice without going to court, we need to build a case supported by strong evidence so we can leverage it for a good settlement. Don’t necessarily write off the idea of going to court entirely, as doing so may prompt a much bigger settlement offer. Going to court gives you the chance to hold a liable party publicly accountable for their abusive conduct, and may even yield punitive damages, depending on the case.

For a free, confidential case assessment from our lawyers for sexual abuse survivors, call The Law Office of Andrew Shubin today at (814) 826-3586.

How Can Sexual Abuse Survivors Get Justice Without Going to Court?

Plaintiffs in sexual abuse lawsuits frequently get justice without going to trial by getting an acceptable out-of-court settlement offer.

Build a Convincing Case

Only file a lawsuit after building a strong case to yield a faster, fairer out-of-court settlement. The more evidence we have of sexual abuse and its effect on your life, the more likely the defendant will want to keep the case and its resolution as private as possible.

Negotiate a Settlement

Keeping civil sexual abuse cases out of court while still getting justice requires aggressive negotiation tactics. Don’t rush to accept the first settlement offer you receive, as your damages may warrant significantly higher compensation that our lawyers for sexual abuse survivors can argue for.

Entertain Going to Court

If the plaintiff considers going to court, they may persuade the defendant to make a better offer. Indicating that we are ready to move forward with a trial can be an effective tactic and may ultimately keep the case out of court.

What if Survivors Go to Court to Get Justice for Sexual Abuse?

Taking sexual abuse lawsuits to court is understandably intimidating, but it can yield larger recoveries and a greater sense of justice for some plaintiffs.

Opportunity to Testify

Going to court gives you the opportunity to testify about the sexual abuse you endured from the defendant. You can describe the injuries you suffered, the trauma you experienced, and the ongoing effects of sexual abuse on your life.

Victims are compelling witnesses in sexual abuse lawsuits, and juries may better understand victims’ damages after hearing their testimony.

Potential of Punitive Damages

In many states, going to court for a sexual abuse lawsuit opens the door to punitive damages. Punitive damages are especially common in institutional sexual abuse cases involving schools, churches, and hospitals that enable abuse. Punitive damages aren’t available in settlements, only from awards at trial, and we can estimate how likely they are in your case before you decide whether to go to court.

Public Acknowledgement

For some survivors, holding an abuser accountable publicly is a top goal, in addition to recovering some compensatory damages. Settlements keep things private, while a jury verdict in your favor makes it well known that the defendant is liable.

FAQs About Getting Justice for Sexual Abuse

What if I Change My Mind About Taking a Sexual Abuse Lawsuit to Court?

Until you’ve signed a settlement agreement or the jury has reached a verdict, you can change your mind about settling or going to court. You can accept a settlement offer during a trial, and you can decide against settling and go to court before signing an offer.

Do Sexual Abuse Plaintiffs Have to Testify if They Go to Court?

We often encourage sexual abuse plaintiffs to testify if they go to court, but it’s not necessarily mandatory. If you do testify, we’ll spend time preparing you for the questions we’ll ask, as well as those we anticipate the defense will ask.

Will My Sexual Abuse Lawsuit End Sooner if I Don’t Go to Court?

Settling a sexual abuse lawsuit can resolve it faster than waiting for it to get to trial, though that’s not guaranteed, and the length of the case always varies. Some settlements take months, while other cases reach the court docket relatively quickly and are over much sooner than plaintiffs anticipated.

What Evidence Do Sexual Abuse Survivors Need to Get Justice?

The following evidence is often some of the most useful to our attorneys for sexual abuse survivors:

• Victim testimony
• Witness testimony
• Expert testimony
• Medical records
• Journal entries
• Photos
• Correspondence
• Police reports and other disclosures

Do You Need a Lawyer if Your Sexual Abuse Lawsuit Goes to Trial?

Going to trial without a sexual abuse lawyer is inadvisable, as plaintiffs need help calculating their damages, negotiating settlement amounts, knowing when it is time to go to court, and how to meet the burden of proof during a trial.

Do You Need a Lawyer if Your Sexual Abuse Lawsuit Doesn’t Go to Court?

Having an attorney is still important if your case doesn’t go to trial and is settled outside of court, as you need to make sure the settlement agreement you sign is fair and doesn’t let the defendant avoid covering all compensable damages.

How Long Do Sexual Abuse Survivors Have to Get Justice?

Statutes of limitations for sexual abuse lawsuits vary from state to state, with many states also having separate filing deadlines for adult sexual abuse lawsuits and childhood sexual abuse lawsuits. Our lawyers may find an exception to the statute of limitations that applies to your case, giving you longer to get justice as a sexual abuse survivor.

Call Us Today for Help with Your Sexual Abuse Lawsuit

For a free case analysis from our lawyers for sexual abuse survivors, call The Law Office of Andrew Shubin now at (814) 826-3586.