Attorney for Victims of Sexual Abuse in Warminster
Fighting For Important Causes In State And Federal Courts
Sexual abuse is unfortunately more common than many people realize. Even more unfortunately, many abusers are never criminally charged and held responsible. However, victims can still get justice in civil court. Our legal team can help you or a loved one file a civil lawsuit for sexual abuse.
Talk to your attorney about when you experienced sexual abuse. The statute of limitations may differ for those who were abused as minors and those who were abused during adulthood. It may still be possible to file your case years after the abuse occurred, but it is best to act quickly. The sooner you contact a lawyer, the sooner they can gather evidence and information before it is lost to time.
Contact our attorneys for victims of sexual abuse for a free case evaluation by calling The Law Office of Andrew Shubin at (814) 826-3586.
How Much Time Do I Have to Prepare a Civil Lawsuit for Sexual Abuse?
Your time to prepare your case may depend on the statute of limitations, which can differ based on how old you were when the abuse happened.
Childhood Victims of Abuse
If you were under 18 when the abuse happened, the statute of limitations gives you until age 55 to file your lawsuit. Children cannot initiate legal action on their own, and the adults in their lives might not believe them about the abuse or actively try to stop them from speaking out. As such, the statute of limitations is quite long.
Adult Victims of Abuse
If you were at least 18 but still younger than 24 when the sexual abuse occurred, you have until age 30 to file a lawsuit. While this gives you more than a few years, it is still a tight deadline.
Adults aged 24 or older when the abuse happened have the shortest statute of limitations. These plaintiffs must abide by the statute of limitations for personal injuries, which gives them only 2 years. Many victims find it hard to come forward, and many end up waiting too long.
Tolling Options
Tolling allows us to pause the statute of limitations and extend your time to file, but only under very specific conditions. Not knowing about the statute of limitations is not a valid reason for tolling. A common reason for tolling sexual abuse cases is fraudulent concealment. If the defendant tried to prevent you from suing by concealing material facts or evidence, we may have the limitation tolled, and you may have more time to sue.
FAQs About Sexual Abuse Claims in Civil Lawsuits in Warminster
Can I Sue for Sexual Abuse if the Defendant Was Never Criminally Charged?
Yes. Criminal and civil proceedings are separate. Whatever happens in a criminal case does not affect your ability to file a civil complaint. Even if the defendant is never charged with a crime related to the abuse, you can still sue them.
Can I Sue for Sexual Abuse if the Abuser Was Found Not Guilty in Criminal Court?
Yes. If the person who sexually abused you is charged with a crime but ultimately found not guilty, you can still sue them in civil court. The burden of proof in civil court is much lower than in criminal court, and we may have sufficient evidence to have the defendant held civilly liable.
Can I Sue for Sexual Abuse if the Abuser Passed Away?
Possibly, yes. This is not an uncommon problem, as many plaintiffs do not come forward with their claims for many years. It may be possible to sue an institution or organization that shares responsibility for the abuse, like a school or church. It may also be possible to sue the deceased person’s estate. Your attorney can help you determine the best way forward.
How Do I Prove My Claims for Sexual Abuse?
We need evidence to prove your claims, and evidence might be almost anything as long as it is relevant to the case, tends to prove your claims, and meets the requirements established in the Pennsylvania Rules of Evidence.
How Much Compensation Can Someone Get in a Civil Sexual Abuse Case?
Compensation varies from case to case, but it can be substantial. Many plaintiffs do not claim significant economic damages, especially if many years have passed since the abuse occurred, and records of financial cost might be long gone. However, non-economic damages for distress and suffering may be quite high.
How Much Time Do I Have to Sue for Sexual Abuse in Warminster?
In Pennsylvania, the statute of limitations for victims of childhood sexual abuse is 37 years from their 18th birthday, or age 55. For victims who were at least 18 but younger than 24, they have until age 30 to sue. Adults age 24 or older at the time of the abuse may only have 2 years under the statute of limitations for personal injuries.
What is a Good Settlement for Sexual Abuse Claims?
A good settlement is hard to describe because settlements vary so widely. Many settlements are several thousand dollars. Others might be tens of thousands or even hundreds of thousands. A good settlement should cover any economic damages you claim and sufficiently address non-economic injuries, like psychological damage. If you feel a settlement offer is not good enough, you are free to reject it.
How Long Do Civil Lawsuits for Sexual Abuse Usually Take?
Civil lawsuits are known for taking a long time, and sexual abuse cases may take months or even years to complete. If the defendant strongly disputes your claims, which they likely will, the case could stretch out over years or more. If you accept a settlement, the case may be much shorter. Every case is unique, and you should talk to an attorney about how long your case could take.
Ask Our Lawyers for Victims of Sexual Abuse in Warminster for Help Now
Contact our attorneys for victims of sexual abuse for a free case evaluation by calling The Law Office of Andrew Shubin at (814) 826-3586.