How Class Action Sexual Abuse Lawsuits Work
Fighting For Important Causes In State And Federal Courts
Some lawsuits are so big that dozens, hundreds, or even thousands of plaintiffs are involved. These class-action lawsuits typically involve multiple plaintiffs who were harmed by the same defendant under the same or similar circumstances. Sometimes, class-action lawsuits stem from sexual abuse.
You may file a class-action lawsuit for sexual abuse if you know of multiple other victims who were sexually abused by the same person or entity. In many cases, sexual abuse claims that are class-action lawsuits are filed against larger institutions, like churches, schools, or universities. To begin a class action, you must find other victims, identify the common factors shared among all the potential plaintiffs, and hire an attorney capable of handling a class-action lawsuit.
Reach out to our sexual abuse attorneys for a free case review by calling The Law Office of Andrew Shubin at (814) 826-3586.
Can I File a Class Action Lawsuit for Sexual Abuse?
Sexual abuse cases are often deeply personal and difficult for plaintiffs to endure. However, if the defendant has sexually abused many others in the same or a similar way you were abused, you may not need to go through this alone.
What is a Class-Action Lawsuit?
A class action lawsuit is a large-scale case in which a large number of plaintiffs sue a single defendant. Generally, a class action lawsuit must involve enough plaintiffs to make trying each case separately impossible or impractical.
Each plaintiff’s individual claim must share the same or similar facts and legal issues as the rest of the group. Because each case is so similar, they are legally tied together, and the same outcome may bind all plaintiffs.
Class Actions for Sexual Abuse
Class action lawsuits for sexual abuse claims can be tricky to navigate. Sexual abuse is an extremely intimate violation, and the pain plaintiffs experience may be highly individualized. However, when one defendant perpetrates sexual abuse against numerous victims under the same or similar conditions, a class action lawsuit may be possible.
How Do I Begin a Class Action Lawsuit for Sexual Abuse?
Beginning a class action lawsuit is not the same as starting a typical lawsuit. Not only must we find other victims with similar claims, but we must convince the court to certify the case as a class action.
Finding Other Victims
Finding other victims may be challenging, as many victims are afraid of coming forward with their claims. It is not uncommon for abuse victims to remain silent about what happened to them for years, even decades. It may be necessary to publicize the case to find other victims who can join the class action.
Identifying Common Facts or Patterns
It is not enough that the same defendant sexually abused many victims. Each case must share a certain degree of commonality. We must show the court that each plaintiff’s claim shares common issues of fact or law that make trying them together more practical.
Hire a Qualified Lawyer
You must hire a lawyer who is prepared to handle a class action lawsuit. Remember, these are large-scale lawsuits, and many attorneys do not have the skills or experience to take on such a large case. The right attorney can help you begin your case and find other victims.
How Do I Certify a Class Action Lawsuit for Sexual Abuse Claims?
Class actions must be certified by the court before they may proceed. If we cannot get this certification, the lawsuit may fall apart, and each claim might be tried individually rather than as a group.
The Class is Numerous
A major part of certification is showing the court how numerous the parties to the case are. There are no specific minimum or maximum limits on how many plaintiffs may be involved in a class action lawsuit. However, we must show that there are too many plaintiffs to try each case individually.
Common Questions
Remember, each claim must share the same or similar facts and issues of law. This may stem from one or several members of an institution, like a church, using their positions of authority to sexually abuse young church members.
Additionally, the church may have covered up each case, and victims may have been intimidated into staying silent. If these facts are present in all claims in the class action, we may be more likely to obtain class certification.
The Class Representative’s Claims
When a class action lawsuit is filed, only one or several representative members of the group actually file the case. These representatives effectively act on behalf of the entire group. Their claims must be identical to or substantially similar to those of the rest of the group.
Adequacy of the Representative
The representative plaintiffs must be capable of standing up on behalf of the entire group. This may involve significant time commitments, and they may need to work more directly with the attorneys on the case. If they cannot, someone else may need to step in as a representative plaintiff.
FAQs About Class Action Sexual Abuse Lawsuits
What is a Class-Action Lawsuit?
A class action lawsuit is a lawsuit involving a large group of plaintiffs with the same or similar claims against the same defendant. Each plaintiff’s claims must share common facts and legal issues, and one or several representative plaintiffs file the case on behalf of the entire group.
Can I File a Class-Action Lawsuit for Sexual Abuse Claims?
Yes. While sexual abuse claims are often so unique that combining them is difficult, it may still be possible under certain conditions. Most class action lawsuits that involve sexual abuse are filed against institutions or organizations rather than specific abusers.
How Do I Begin a Sexual Abuse Class-Action Lawsuit?
You may begin a class action lawsuit for sexual abuse by hiring a lawyer who can handle such a case and finding other victims. This can be challenging, as you might not know whether other victims even exist. If they do, they may be hesitant to come forward and join the case. Accordingly, it is crucial to consult an attorney sooner rather than later.
How Many Plaintiffs May Join a Class-Action Lawsuit?
There is typically no limit on how many plaintiffs may join a class action lawsuit. Some lawsuits are extremely large with thousands of plaintiffs. However, the group should be large enough that trying each case individually would be impractical or impossible.
Can I Join a Class-Action Lawsuit for Sexual Abuse That Has Already Begun?
Yes. After a class action lawsuit is filed, there is typically a window during which other plaintiffs may become aware of the case and be given the opportunity to join. We can use this time to publicize the case in the hopes of attracting other sexual abuse victims and getting them to join.
How Long Do Class-Action Lawsuits for Sexual Abuse Take to Complete?
Unfortunately, class action lawsuits are known to take a long time. Remember, these cases can be enormous, and they sometimes take several years to complete.
Speak to Our Sexual Abuse Attorneys for Legal Support
Reach out to our sexual abuse attorneys for a free case review by calling The Law Office of Andrew Shubin at (814) 826-3586.