How Do Insurance Companies Affect a Sexual Abuse Lawsuit?

It’s become increasingly common for institutions to obtain liability insurance specifically in case sexual abuse or misconduct occurs. This means possibly having to deal with an insurance company when filing a lawsuit and seeking justice, something our experienced attorneys can help survivors of sexual abuse navigate.

Carriers that provide Sexual Abuse and Molestation (SAM) and Sexual Misconduct and Molestation (SMML) insurance policies to institutions like schools, churches, nursing homes, and correctional facilities set the limits for those policies. Claims involving insurance companies rarely go to trial, as insurers often prefer to keep these matters private. Don’t let an insurance company intimidate you, and move forward with a lawsuit and a trial if you prefer.

Get a free case evaluation from the attorneys for institutional sexual assault and abuse at The Law Office of Andrew Shubin by calling (814) 826-3586 today.

How Do Insurance Companies Affect Sexual Abuse Claims?

Insurance companies are often more involved in sexual abuse claims than victims anticipate, especially if an institution has coverage specifically for instances of sexual abuse and misconduct.

Set Coverage Limits

Insurance companies set coverage limits for Sexual Abuse and Molestation insurance and Sexual Misconduct and Molestation insurance policies, which are common policies for schools, hospitals, nursing homes, and other institutions to carry.

Coverage limits dictate how much you can get from an insurance claim. There’s no minimum amount because this insurance isn’t mandatory, which means coverage limits might be far too low, depending on the policy.

Denying or Underpaying Claims

Insurance companies also affect sexual abuse claims by underpaying damages through an SAM or SMML insurance policy. Although policy limits are sometimes high to avoid lawsuits, insurance carriers still routinely underpay claims of sexual abuse victims. Even if coverage limits are high, they may not be high enough for all your damages.

Flatly denying claims also occurs and is more likely when claimants submit incomplete or insufficient information, which our attorneys for institutional sexual assault and abuse can help prevent.

If the insurance policy isn’t specifically for sexual abuse and molestation claims, such intentional acts may not be covered.

Do Insurance Companies Settle Sexual Abuse Lawsuits?

If you file a sexual abuse lawsuit, the insurance company involved may want to settle instead of going to trial. Settlements are private and confidential, while trials are public, and court documents can be available for almost anyone who wants to see them.

Do not settle your sexual abuse lawsuit prematurely, however, just because the SAM or SMML insurance carrier has offered a bigger settlement than it has before. There may be a significant amount of compensation still on the table, especially for your non-economic damages from post-traumatic stress disorder, depression, anxiety, and other intangible harms.

You don’t have to settle a sexual abuse case out of court. We can advise you when we think it’s best to proceed with litigation and a trial. This alone might spur a bigger, acceptable settlement offer that you are comfortable accepting.

How Can Insurance Companies Affect Damages in Sexual Abuse Lawsuits?

Insurers often try to keep settlements as far below policy limits as possible, covering only immediate and short-term damages. Rather than accepting the first payout offer from the insurer, let us calculate all your damages, including long-term losses, to see what you truly deserve.

If the insurer refuses to pay out the policy or you need more compensation, we can proceed with a sexual abuse lawsuit. For any damages awarded that exceed policy limits, the party or parties liable for your abuse may be personally responsible for paying.

FAQs About Sexual Abuse Lawsuits and Insurance Companies

Is Insurance for Sexual Abuse Common?

Having liability insurance specifically for sexual abuse, misconduct, or molestation is common for the following institutions, where sexual abuse frequently occurs:

• Schools
• Churches
• Nursing homes
• Correctional facilities
• Juvenile detention facilities
• Mental health facilities

Does Insurance Always Cover Sexual Abuse?

If there is not a specific Sexual Abuse and Molestation or Sexual Misconduct and Molestation insurance policy in place, there may be no insurance to cover your damages from sexual abuse, apart from your own health insurance. In these scenarios, our lawyers can help victims sue those responsible for their abuse directly.

What Damages from Sexual Abuse Can Insurance Cover?

SAM and SMML insurance can help cover damages from medical expenses, lost wages, pain and suffering, and therapy costs because of sexual abuse. Don’t underestimate your damages or accept the first settlement offer you get without letting our lawyers review it.

Can Your Lawyer Handle the Insurance Company During Your Sexual Abuse Claim?

Your lawyer can handle dealing with the appropriate insurance company during your sexual abuse claim. Minimizing direct contact between the claimant and the insurance company helps reduce the risk that the claimant will misspeak or otherwise jeopardize their recovery.

How Often Do Insurance Companies Settle Sexual Abuse Claims?

Insurance companies settle sexual abuse claims more often than not, and may ultimately pay more in a settlement if you file a lawsuit and let our lawyers apply additional pressure.

What Evidence Do Insurance Companies Require for Sexual Abuse Claims?

Insurance companies often require the following evidence during sexual abuse claims:

• Medical records
• Mental health records
• Written correspondence
• Testimony

How Long Do You Have to File a Sexual Abuse Lawsuit?

The statute of limitations for sexual abuse lawsuits varies by state, and may even vary within states for child and adult victims. You should initiate a claim with SAM or SMML insurance as soon as possible, and our lawyers can help.

Are Sexual Abuse Lawsuits Involving Insurance Companies Worth It?

While sexual abuse lawsuits can be emotionally challenging for survivors, they also present the opportunity to get justice and some compensation for their losses. We can work hard to make your lawsuit worth it by advocating for your fair recovery, rejecting subpar settlement offers, and obtaining and organizing evidence.

Call Us About a Sexual Abuse Lawsuit Today

Get a free case assessment from the attorneys for institutional sexual assault and abuse when you call The Law Office of Andrew Shubin at (814) 826-3586.