Types Of Damages For Sexual Abuse Compensation

When seeking justice after an act of abuse, understanding the way that the court awards sexual abuse compensation is highly important. There are different terms related to compensation that will be used throughout the process of the trial, all of which directly matter to the resolution of the case.

Special damages are those for which a specific dollar value can be assigned and easily calculated.

  • Lost income
  • Lost future earnings capacity
  • Medical expenses (both past and future)
  • Any other out-of-pocket expenses reasonably necessary to place the victim back into circumstances that he or she would have enjoyed in the absence of the abuse

General damages include all such damages for which a specific dollar figure is hard to calculate. The most recognizable element of general damages is “pain and suffering”, which includes:

  • Disfigurement,
  • Mental anguish
  • Loss of esteem
  • Loss of the basic enjoyment of life

The third type of damages that are possible but less likely to be awarded are Punitive Damages. Punitive damages are not designed to compensate the victim for the abuser’s wrongdoing. They are designed to punish the wrongdoing and to be in such an amount that other similarly situated defendants will be deterred from similar wrongful acts.

SPECIAL DAMAGES

The victim is awarded $50,000 in medical expenses due to the incident.

GENERAL DAMAGES

Jury awards the victim $100,000 in pain and suffering for not being able to live as she did before her incident.

PUNITIVE DAMAGES

The Jury awards $1,000,000 against a nursing home for knowingly employing a convicted sexual predator.

Types Of Damages For Sexual Abuse Compensation

When seeking justice after an act of abuse, understanding the way that the court awards sexual abuse compensation is highly important.

Special damages are those for which a specific dollar value can be assigned and easily calculated.

  • Lost income
  • Lost future earnings capacity
  • Medical expenses (both past and future)
  • Any other out-of-pocket expenses reasonably necessary to place the victim back into circumstances that he or she would have enjoyed in the absence of the abuse

General damages include all such damages for which a specific dollar figure is hard to calculate. The most recognizable element of general damages is “pain and suffering”, which includes:

  • Disfigurement,
  • Mental anguish
  • Loss of esteem
  • Loss of the basic enjoyment of life

The third type of damages that are possible but less likely to be awarded are Punitive Damages. Punitive damages are not designed to compensate the victim for the abuser’s wrongdoing. They are designed to punish the wrongdoing and to be in such an amount that other similarly situated defendants will be deterred from similar wrongful acts.

SPECIAL DAMAGES

The victim is awarded $50,000 in medical expenses due to the incident.

GENERAL DAMAGES

Jury awards the victim $100,000 in pain and suffering for not being able to live as she did before her incident.

PUNITIVE DAMAGES

The Jury awards $1,000,000 against a nursing home for knowingly employing a convicted sexual predator.

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How Much Sexual Abuse Compensation Can Victims Recover?

The amount of sexual abuse compensation that victims can recover varies depending on the circumstances of the case, including the severity of the abuse, the impact it has had on the victim’s life, and any evidence or documentation that supports the claim. In some cases, victims may be able to recover significant financial compensation to help cover medical expenses, therapy costs, lost wages, and pain and suffering. However, it is important to note that each case is unique, and the amount of compensation awarded can vary greatly.

How Much Sexual Abuse Compensation Can Victims Recover?

The amount of sexual abuse compensation that victims can recover varies depending on the circumstances of the case, including the severity of the abuse, the impact it has had on the victim’s life, and any evidence or documentation that supports the claim. In some cases, victims may be able to recover significant financial compensation to help cover medical expenses, therapy costs, lost wages, and pain and suffering. However, it is important to note that each case is unique, and the amount of compensation awarded can vary greatly.

Sexual Abuse Compensation Recovered For Survivors

How Is Sexual Abuse Compensation Obtained?

Sexual abuse compensation can be obtained through various legal avenues. Each avenue depends on factors such as jurisdiction and circumstances of the abuse.

Civil Lawsuits

Victims of sexual abuse can file civil lawsuits against the perpetrator or any other party responsible for the abuse. This could include individuals, organizations, or institutions that failed to prevent the abuse or enabled it. If successful, the victim may receive financial compensation for damages such as medical expenses, therapy costs, lost wages, pain and suffering, and punitive damages.

Settlements

In some cases, victims may choose to settle out of court with the perpetrator or other responsible parties. A settlement typically involves negotiation between the victim’s legal representation and the defendant’s representation to agree on a financial amount to compensate the victim.

Insurance Claims

Unfortunately, many insurance policies do not provide coverage for intentional or purposeful acts. Therefore, abuse victims can rarely look to any insurance policy held by the abuser for sexual abuse compensation.

There are times when the victim may be able to file claims against insurance policies held by the perpetrator, institutions, or organizations responsible for the abuse. This could include liability insurance, homeowners insurance, or institutional insurance policies.

Monsees & Mayer has many years of experience successfully helping victims recover sexual abuse compensation. We will review your case and help you determine all legal avenues possible for you. Contact our office today for a free case consultation.

How Is Sexual Abuse Compensation Obtained?

Sexual abuse compensation can be obtained through various legal avenues. Each avenue depends on factors such as jurisdiction and circumstances of the abuse.

Civil Lawsuits

Victims of sexual abuse can file civil lawsuits against the perpetrator or any other party responsible for the abuse. This could include individuals, organizations, or institutions that failed to prevent the abuse or enabled it. If successful, the victim may receive financial compensation for damages such as medical expenses, therapy costs, lost wages, pain and suffering, and punitive damages.

Settlements

In some cases, victims may choose to settle out of court with the perpetrator or other responsible parties. A settlement typically involves negotiation between the victim’s legal representation and the defendant’s representation to agree on a financial amount to compensate the victim.

Insurance Claims

Unfortunately, many insurance policies do not provide coverage for intentional or purposeful acts. Therefore, abuse victims can rarely look to any insurance policy held by the abuser for sexual abuse compensation.

There are times when the victim may be able to file claims against insurance policies held by the perpetrator, institutions, or organizations responsible for the abuse. This could include liability insurance, homeowners insurance, or institutional insurance policies.

Monsees & Mayer has many years of experience successfully helping victims recover sexual abuse compensation. We will review your case and help you determine all legal avenues possible for you. Contact our office today for a free case consultation.

Confidential Case Evaluations

While this page provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. Our consultations are always confidential.

Collecting Sexual Abuse Compensation From An Employer Or Organization

As a practical matter, successful cases typically involve a claim against an individual or organization that was responsible for placing the perpetrator and the victim in contact with one another.

When intentional acts are involved, such as with sexual abuse, it is much more difficult to say that abuse occurred in the course and scope of employment, because an employer would seldom, if ever, condone such acts.

An employer or organization which hires or retains a person with a history of abuse, is going to stand responsible for that person’s future acts, especially when a reasonable investigation or inquiry would have revealed the perpetrator’s tendencies. In these cases, victims could earn sexual abuse compensation from the employer or organization. A case may proceed against a:

  • Church
  • Youth organization
  • Care facility
  • School
  • Sports club
  • Any other organization that fails to undertake proper means to hire and supervise people who will have close, trusting relationships with children.

It is not enough for the act to simply be committed while someone is in the employ of another. The key to vicarious liability is that the wrongful act was basically part of the wrongdoer’s job.

Collecting Sexual Abuse Compensation From An Employer Or Organization

As a practical matter, successful cases typically involve a claim against an individual or organization that was responsible for placing the perpetrator and the victim in contact with one another.

When intentional acts are involved, such as with sexual abuse, it is much more difficult to say that abuse occurred in the course and scope of employment, because an employer would seldom, if ever, condone such acts.

An employer or organization which hires or retains a person with a history of abuse, is going to stand responsible for that person’s future acts, especially when a reasonable investigation or inquiry would have revealed the perpetrator’s tendencies. In these cases, victims could earn sexual abuse compensation from the employer or organization. A case may proceed against a:

  • Church
  • Youth organization
  • Care facility
  • School
  • Sports club
  • Any other organization that fails to undertake proper means to hire and supervise people who will have close, trusting relationships with children.

It is not enough for the act to simply be committed while someone is in the employ of another. The key to vicarious liability is that the wrongful act was basically part of the wrongdoer’s job.

Sexual Abuse Frequently Asked Questions

What legally constitutes as sexual abuse?

According to US laws, sexual abuse refers to any unwanted sexual activity forced upon an individual against their will. This includes a range of acts, such as inappropriate touching, vaginal/anal penetration, incest, exposing genitals to a minor, distributing sexually explicit content to a minor, and more.

What are the common signs of sexual abuse in children or adults?

  • Displaying knowledge or interest in sexual acts that is inappropriate for their age.
  • Expressing fear or anxiety about being left alone with a particular person.
  • Experiencing difficulty walking or sitting, or reporting genital pain.
  • Exhibiting sudden changes in behavior, such as becoming withdrawn, angry, or defiant.
  • Running away from home or showing reluctance to return home.

How long do I have to file a sexual abuse lawsuit?

The statute of limitations for filing a civil lawsuit over child sexual abuse ranges from 2 to 30 years after a victim’s 18th birthday, depending on the state. Some states have eliminated the statute of limitations for criminal charges and civil lawsuits related to child sex abuse. It’s best to consult with a lawyer regarding the statute of limitations in your state.

Sexual Abuse Frequently Asked Questions

What legally constitutes as sexual abuse?

According to US laws, sexual abuse refers to any unwanted sexual activity forced upon an individual against their will. This includes a range of acts, such as inappropriate touching, vaginal/anal penetration, incest, exposing genitals to a minor, distributing sexually explicit content to a minor, and more.

What are the common signs of sexual abuse in children or adults?

  • Displaying knowledge or interest in sexual acts that is inappropriate for their age.
  • Expressing fear or anxiety about being left alone with a particular person.
  • Experiencing difficulty walking or sitting, or reporting genital pain.
  • Exhibiting sudden changes in behavior, such as becoming withdrawn, angry, or defiant.
  • Running away from home or showing reluctance to return home.

How long do I have to file a sexual abuse lawsuit?

The statute of limitations for filing a civil lawsuit over child sexual abuse ranges from 2 to 30 years after a victim’s 18th birthday, depending on the state. Some states have eliminated the statute of limitations for criminal charges and civil lawsuits related to child sex abuse. It’s best to consult with a lawyer regarding the statute of limitations in your state.

No one should fight for their rightful recovery and justice alone.

Contact us today to discuss your case.

No one should fight for their rightful recovery and justice alone.

Contact us today to discuss your case.