The timeline for sexual abuse cases varies depending on where you live and factors unique to you and your claim.
Each state has a statute of limitations for taking criminal and civil action against an abuser. However, according to the National Conference of State Legislatures (NCSL), nearly every state tolls (extends) the statute of limitations for sexual abuse cases involving a minor.
If you or a loved one suffered abuse, you can seek justice, including recovering financial compensation for your monetary damages and pain and suffering. An attorney with our firm can tell you more about taking action and how long you have to pursue your case.
What Is the Statute of Limitations?
A statute of limitations is any law that restricts how long you have to take action after an injury. Usually, if you are an adult, your time limit begins when your injury occurred or when you discovered your injury. However, most states have basic provisions for tolling the statute of limitations when the injury victim is a minor. In addition, many states have extensions that specifically apply to child sexual abuse claims.
The law recognizes how hard it can be for children to come forward about abuse, especially when their abuser is someone close to them, like a family member, friend, teacher, or religious leader. According to Psychology Today, child victims often experience confusion, fear, shame, self-blame, and denial. These emotions can lead to children not reporting abuse (or even suppressing the memories of abuse) until adulthood.
The law also recognizes the lifelong effects abuse can have on a victim. Tolling child sexual abuse cases allows survivors to seek justice, even if the abuse they suffered occurred years ago. Our legal team can tell you more about the statute of limitations, tolling in your state, and how local laws will impact your case.
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How Long Will It Take to Resolve Your Sexual Abuse Case?
The timeline for sexual abuse cases differs for every client. If seeking damages through insurance is possible, your case may begin with a claim. If insurance is not an option, your case may proceed directly to civil court. In either scenario, you will need time to:
- Collect evidence proving fault for your sexual abuse injuries, including witness statements, expert testimony, police reports, and medical records
- Calculate your damages, including your out-of-pocket expenses and pain and suffering
- Draft and file the appropriate insurance documents or court paperwork
- Wait for a response from the insurance company or opposing party, which usually begins the process of pretrial negotiations
If you cannot settle, your case may proceed to trial. If that happens, it will take longer to resolve. This is why many clients find it advantageous to reach an agreement outside of court. Our attorneys can build the strongest case possible and fight to secure awards as quickly and efficiently as possible.
What Damages Can You Seek?
Sadly, sexual abuse victims often suffer financial hardships on top of the physical, mental, and emotional trauma their abuse causes. While the criminal court may punish abusers with fines, jail time, probation, and other penalties, the civil court allows injury victims to recover financial compensation.
You may be able to seek damages from your abuser. However, you may have more success recovering your losses from a landlord, school, church, company, or other individual or institution where the abuse occurred. Awards may include:
- All past and future medical bills related to the abuse, including doctor’s bills, medical procedures, prescription drugs, mental health services, and more
- Monetary compensation for physical pain, depression, post-traumatic stress, anxiety, insomnia, and mental anguish
- Reimbursement for lost wages and lost earning capacity
- Punitive damages, which some states allow as a form of punishment for the abuser
What Should You Do if You or a Loved One Suffered Abused?
If you or a loved one has suffered abuse, you can get help. First, get to safety if you are not in a safe location. Next, seek medical treatment for any physical injuries. Finally, though it may be difficult, consider reporting the abuse to the police. A police record will help with your sexual abuse claims. Finally, you may wish to contact our firm to learn more about your rights.
If you need help finding crisis support services in your area, you can call the Rape, Abuse & Incest Nation Network (RAINN) 24/7. You can also chat online at online.rainn.org.
Contact Greenberg Gross to Start on Your Sexual Abuse Case Today
You can get started on your sexual abuse case immediately by calling our offices for a free consultation. We help clients across the country stand up to perpetrators of sexual abuse, assault, violence, and misconduct.
We do not want fees to stand in the way of our clients seeking the justice they deserve. We take cases on contingency, meaning we ask for nothing upfront and collect a fee only if we win. Contact us today.
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