If you or your child has experienced an incident of sexual abuse, filing a civil lawsuit against the perpetrator can be a smart move. Even if the assailant is facing criminal charges, a civil lawsuit can force the attacker to pay compensation to you for the suffering you’ve experienced.
At The Kindley Firm, APC, our San Diego sexual abuse attorneys have a deep understanding of the civil claims process. We’ve handled multiple sexual abuse cases, and we can ensure that the assailant is held accountable for their actions. Although the attacker should serve jail time and pay penalties for their time, you also deserve a financial settlement for what’s transpired.
Who Can Sue?
If a child has experienced sexual abuse, both the child and the child’s parent or caregiver can sue simultaneously for compensation against the assailant. When a child is subjected to sexual abuse, the physical and emotional harm affects the entire family. As such, the family has a right to seek justice in the form of monetary compensation.
Whether you were personally abused or your child was abused, the claim will need to be filed under a more specific name than simply, sexual abuse. Some of the common claims that can be filed in this realm include assault, intentional infliction of emotional distress, battery, and negligent infliction of emotional distress.
Who Can Be Sued?
Not only can the sexual abuser be sued, but if the abuse happened on the grounds of an organization or institution, other parties may also be held liable for the abuse. In the case where a child was sexually abused, institutions such as schools, for example, have a duty to keep children safe when in their care.
Some possible parties that can be sued, in addition to the attacker, in a sexual abuse case include the following:
- Nursing homes
A Settlement for Your Suffering
You’ll need to wait until the conclusion of the criminal trial before filing a civil lawsuit against your attacker. However, filing a civil lawsuit can provide you with even more closure than a criminal trial. Having both a criminal and civil claim against your assailant will ensure that your assaulter is properly punished in every way possible.
Contact a San Diego Sexual Abuse Attorney
No one should have to experience the trauma of sexual assault, especially someone who isn’t fully equipped to proect themselves, such as a child or an elderly adult. At The Kindley Firm, APC, we want to help sexually abused victims find closure after their experiences by taking civil legal action in addition to the criminal legal action that’s hopefully being pursued.
The aftermath of sexual abuse can come with unexpected costs, including therapy and medications for emotional recovery. The settlement from your civil lawsuit can help pay for any expenses you may accrue.
If you are ready to speak with a San Diego sexual abuse lawyer about your experience, schedule a free and confidential consultation by filling out the contact form below or by calling 619-550-1313.