Sexual abuse takes a toll on the mental, physical, and financial well-being of victims. Civil lawsuits empower survivors to fight for damages that address the personal and lasting damage they have experienced, whereas criminal cases concentrate on punishing the offender. In addition to helping survivors start again, filing a sexual assault claim can send a powerful message of accountability. Sexual abuse attorneys can help survivors navigate the legal system’s complexities and obtain the rightful compensation, enabling them to take charge of their own healing journey.
Types of Damages Survivors Can Seek
1. Compensatory Damages
By compensating for the different losses that survivors have endured as a result of the abuse, compensatory damages aim to restore their sense of self. Both economic and non-economic criteria are used to classify these damages:
Economic Damages
Survivors of sexual abuse can sue for actual financial losses that result from the assault.
- Medical Costs: Survivors may require both short-term and long-term medical care, such as physical injury treatment, surgery, prescription drugs, and counseling for mental health conditions, including depression, anxiety, or PTSD.
- Lost Wages: Survivors may experience lost income if they require time off from work to heal. Some people may also suffer from reduced earning capacity, which has a long-term effect on their ability to work.
- Interruptions to Education or Career: The trauma and its consequences can sometimes lead survivors to put off or abandon opportunities for education or employment. These losses are quantifiable and fall under the category of economic damages.
Non-Economic Damages
Survivors of sexual assault suffer significant psychological and emotional trauma, and non-economic damages are intended to make up for these intangible losses.
- Pain and Suffering: This refers to the psychological and bodily suffering brought on by the abuse.
- Mental Distress: Survivors frequently endure severe mental distress that can last for years, including anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of Enjoyment in Life: The trauma of sexual abuse may affect a survivor’s capability to sustain relationships or engage in activities they used to love, which lowers their general quality of life.
- Loss of Consortium: In certain situations, the survivor’s relationship with family or partner may suffer, and compensation may be granted to account for these changes.
2. Punitive Damages
The goal of punitive damages differs from that of compensatory damages. These are intended to hold the culprit accountable for what they did and deter future occurrences of similar behavior, not to make up for the survivor’s losses.
In situations where the offender’s actions are determined to be particularly heinous, serious, or deliberate, punitive damages are usually granted. For instance:
- Violence against children or those who are unable to defend themselves.
- Situations in which the offender misused a position of power or trust, such as that of a caretaker, teacher, or clergy member.
- Incidents of prolonged or recurrent abuse.
Punitive damages are rarely ever given to a culprit, but they make an impact by establishing society’s intolerance of sexual abuse and holding abusers accountable.
3. Restitution
Restitution is generally ordered as part of a criminal action rather than a civil suit, which sets it apart from compensatory and punitive damages. It includes mandating that the abuser pay the victim directly for certain monetary damages incurred as a result of the abuse.
Restitution examples include:
- Counseling fees or medical expenses.
- Lost income or property damage.
- Moving costs (if applicable).
Restitution is usually enforced through the criminal justice system and focuses on addressing measurable losses. Although it might not fully compensate for all damage, it may add to a civil claim and provide survivors with additional support.
Importance of Seeking Legal Counsel
Pursuing a sexual abuse claim can be difficult, but it can be made easier by working with experienced sexual abuse lawyers. These lawyers offer compassionate support while making sure the survivor’s rights are respected because they understand how delicate these situations can be.
Lawyers are essential in:
- Assembling proof and constructing a compelling argument.
- Investigating every possible source of compensation, such as the offender, organizations, or insurance.
- Advocating for the highest amount of compensation to meet the requirements of the survivor.
Survivors can focus on their recovery when they have an experienced lawyer by their side, leaving the legal complexity to the professionals.
