Attorney for Victims of Sexual Abuse in Wilkes-Barre, PA

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

HOW WE CAN HELP GET YOUR FREE CONSULTATION

Fighting For Important Causes In State And Federal Courts

With help from our trauma-informed attorneys, victims of sexual abuse can hold anyone who committed or allowed the abuse to occur, including individuals and institutions.

The filing deadline for your case depends on your age when you were abused. If you were between the ages of 18 and 23, you would have until your 30th birthday to sue. If you were 24 or older, you would have 2 years to sue. If you were under 18, you would have until your 55th birthday and would have to wait until you turned 18 even to file. Once you do, you can request compensation for economic damages and non-economic damages. We may even seek punitive damages, which could substantially increase the value of your claim.

For the free case review you need from The Law Office of Andrew Shubin, call our attorneys for victims of sexual abuse at (814) 826-3586.

What Should Victims of Sexual Abuse in Wilkes-Barre, PA Know About Lawsuits?

The more you know about sexual abuse lawsuits before entering one, the more successful your case might be, especially with help from experienced, trauma-informed lawyers. We can answer all your questions so you feel far more prepared by the time you file.

Statute of Limitations for Adult Sexual Abuse

Sexual abuse victims should know how much time they have to file lawsuits or if they still can sue for abuse that happened far in the past. If you were abused between the ages of 18 and 23, you have until age 30 to sue. Adults outside of that age demographic who are sexually abused in Pennsylvania have a statute of limitations of 2 years from the last date of injury to file lawsuits.

Delayed discovery of abuse could affect the filing deadline, so tell our attorneys for victims of sexual abuse if you only recently discovered you were sexually abused as an adult.

Statute of Limitations for Childhood Sexual Abuse

Victims of childhood sexual abuse have longer to sue in Pennsylvania, as is the case in most states. If you are abused as a child, the statute of limitations will not start to run until you turn 18, and you would have until you turn 55 to file a lawsuit for childhood sexual abuse. This longer filing deadline applies to victims born on or after November 29, 1989, not before.

Institutional Liability

While the individual who abused you is liable for their conduct, so might a larger institution. Institutional liability lets sexual abuse victims sue schools, churches, correctional facilities, and other institutions for sexual abuse due to subpar hiring practices or background checks, ignored complaints, or other duty breaches.

When you hold an institutional liable for the sexual abuse you endured, you will most likely get more compensation than if you sued the individual abuser alone.

Recoverable Damages

Sexual abuse victims may recover all of the damages they have incurred from abuse. Incurred damages include hospital and medical expenses, lost wages and lost earning capacity, and psychological pain and suffering. Sexual abuse survivors are more likely to develop post-traumatic stress disorder, anxiety, depression, and other mental illnesses that could also affect their quality of life and would warrant compensation.

There is no general cap on compensable damages in sexual abuse cases for adults or children in Pennsylvania, but that does not guarantee a large recovery without proof of damages.

Discovery Phase

During the discovery phase of a sexual abuse lawsuit, both sides exchange documents, records, correspondence, and other evidence. Depositions are also taken during the discovery phase, and we can help you through that process. Depending on the complexity of a case, the discovery phase alone might take several months, sometimes even over a year.

Burden of Proof

As the plaintiff in a sexual abuse lawsuit, the burden of proof lies with you and your counsel. Unless they are using an affirmative defense, the defendant does not have to meet any burden of proof, and will most likely try to find and expose weaknesses in your case to compromise it. Our attorneys have experience carrying the burden of proof and can do so in your case.

Standard of Proof

You must also appreciate the standard of proof for sexual abuse lawsuits as a victim pursuing compensation. In civil litigation, the plaintiff must prove that the defendant is more likely than not responsible for the abuse the victim endured. While lower than the standard of proof for criminal cases, which is proving guilt beyond a reasonable doubt, the standard of proof for civil cases is still challenging to meet and does not guarantee success without a strong enough case.

Likelihood of Settling

Settlements are common in sexual abuse cases, and many victims prefer to settle rather than deal with the re-traumatization of a trial. Settling your lawsuit does not mean you have lost, as you will get whatever compensation is agreed on during negotiations. Settling also does not mean that the defendant has necessarily admitted to any wrongdoing or sexual abuse, and the case is resolved confidentially.

Punitive Damages

On top of the compensatory damages they receive, sexual abuse victims could also get punitive damages. Pennsylvania uses punitive damages to punish injuries due to willful, wanton, malicious, or extremely reckless conduct, making them relatively common in institutional sexual abuse lawsuits in particular. Punitive damages only stem from trial awards, so they cannot come from out-of-court settlements for sexual abuse cases.

Depositions & Testimony

Sexual abuse victims often give depositions during cases, and may even end up testifying if their lawsuit goes all the way to trial. Remaining consistent across all of your statements in depositions and on the stand is essential, and our attorneys can ensure you are thoroughly prepared. Testifying can be a re-traumatizing experience that our lawyers can mitigate as much as possible by supporting you throughout your case.