Are Punitive Damages Common in Sexual Abuse Cases?

Sexual abuse is particularly abhorrent behavior, one that has long-lasting effects on victims. Egregious misconduct may be further penalized with punitive damages, and plaintiffs should know if such damages are available in their lawsuits.

Punitive damages are common in sexual abuse cases, but are not guaranteed. Many states, but not all, allow punitive damages for intentional misconduct and gross negligence. We can see whether punitive damages are available in the state where you plan to file your lawsuit and specifically request them in the claim petition that starts your case. Punitive damages do not come from settlements, so you can only get them if you go to court, win your case at trial, and the judge or jury agrees that punitive damages are appropriate.

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

Are Punitive Damages Common in Sexual Abuse Lawsuits?

When victims file sexual abuse lawsuits, they do so to get compensation for the many damages they have incurred, both economic and non-economic. In addition to compensation, punitive damages could be available and might significantly increase your recovery.

Punitive damages are more common in sexual abuse cases than they are in most other personal injury cases. Each state has its own rules for when punitive damages are available, but injuries resulting from intentional harm and egregious misconduct, such as sexual abuse, typically qualify.

Although punitive damages may be somewhat common in sexual abuse cases, that does not mean they are always guaranteed. Don’t assume you can get punitive damages without speaking with our sexual abuse lawyers to confirm they are available and that you have the evidence to obtain them.

When Can You Get Punitive Damages in a Sexual Abuse Case?

You may be more likely to get punitive damages for institutional sexual abuse, but only if your state allows them and only if you win your case at trial.

Institutional Sexual Abuse

Punitive damages are perhaps most common in institutional sexual abuse cases. Schools, churches, hospitals, nursing homes, correctional facilities, and other institutions that enable or allow abuse to continue are often made to pay punitive damages to victims.

Punitive damages can come from other sexual abuse cases, but are most generally likely in institutional sexual abuse cases.

State Availability

States like Michigan, Nebraska, and Washington never allow punitive damages, while others do in limited situations, such as for sexual abuse, medical malpractice, and drunk driving. Our attorneys can confirm whether or not punitive damages are allowed in your state if you prove, through clear and convincing evidence, that the defendant’s conduct was particularly egregious.

Some states that do allow punitive damages also cap them.

Trial Awards

You can only get punitive damages in a sexual abuse case if you take your case to trial. Only judges and juries award punitive damages after finding defendants liable, so you cannot get punitive damages if you settle your case. That said, you could potentially get a larger out-of-court settlement if the defendant is concerned that they will lose at trial and be forced to pay punitive damages.

How Do You Get Punitive Damages in a Sexual Abuse Case?

If punitive damages are available in your sexual abuse lawsuit, our lawyers can take the necessary steps to help you get them, such as filing your case on time and specifically requesting punitive damages when we file your lawsuit.

File Your Case on Time

Like with any other damages, you can only seek punitive damages from a liable party while the statute of limitations is still running. States set their own statutes of limitations for sexual abuse lawsuits, with many having different filing deadlines for child and adult victims.

Request Punitive Damages in Your Complaint

Many states require plaintiffs seeking punitive damages to specifically request them alongside compensatory damages when they file their official petition with the court initiating the lawsuit. You do not necessarily have to request a specific amount in punitive damages, just that you want the jury or judge to consider them.

Present Clear and Convincing Evidence of Gross Negligence

In general, plaintiffs can only get punitive damages for sexual abuse after presenting clear and convincing evidence of the defendant’s malicious, intentional, or grossly negligent misconduct. Evidence our lawyers can use to help get punitive damages includes survivor testimony, institutional records, expert testimony, and medical records.

Go to Court Instead of Settling

You must go to court if you wish to get punitive damages for sexual abuse. We appreciate that trials can be stressful and intimidating for sexual abuse victims, and we do our best to mitigate re-traumatization during court proceedings.

FAQs About Punitive Damages in Sexual Abuse Cases

What is the Purpose of Punitive Damages in a Sexual Abuse Case?

A main reason judges and juries award punitive damages in sexual abuse cases is to punish defendants, often institutions, for their intentional or egregious misconduct and to deter other institutions from engaging in similar practices.

Who Can You Sue for Punitive Damages in a Sexual Abuse Lawsuit?

While institutions are most often sued for punitive damages, individual abusers may also be sued for punitive damages in many states.

Is Getting Punitive Damages in Sexual Abuse Cases Easy?

Getting punitive damages in a sexual abuse case is not easy, and victims may need our lawyers’ help to present clear and convincing evidence of gross negligence in addition to meeting the standard of proof to recover compensatory damages.

How Much Punitive Damages Can You Get for Sexual Abuse?

Your total award for punitive damages may be limited by the state where the sexual abuse occurred. Not all states cap punitive damages, which typically benefits victims over defendants.

Get Punitive Damages for Sexual Abuse with Our Help

Call the sexual abuse lawyers of The Law Office of Andrew Shubin at (814) 826-3586 for a confidential, free case review.