How long it takes to settle a sex abuse case depends on the case and its factors and circumstances, which vary by the case. The purpose of settling the case is to avoid going through a potentially lengthy trial. However, these proceedings can take time.
Common factors that could shape a case’s timeline include:
- How long it takes your lawyer to investigate your case and gather case-supporting evidence (the discovery phase)
- How long you take to assess the severity of your injuries before you demand damages, such as your medical bills and therapy costs
- Whether your case must go through negotiations or mediation
- The amount of financial compensation you are seeking in your case
- Who the opposing parties are and how many there are
- If you and the opposing side agree on the settlement agreement’s terms
You can decide if you want to pursue litigation for civil damages in a sex abuse or sexual assault case. It helps, however, to manage your time and expectations before you start. A Las Vegas sexual abuse lawyer with our law firm can discuss your legal options and explain what steps you can take to move your case forward.
What Does Settling a Sex Abuse Case Mean?
When plaintiffs in sexual abuse cases decide to settle their cases, it means they are willing to accept monetary compensation from the defendant and end the case. Before the final agreement happens, there could be a lot of back-and-forth discussion and possible mediation. But ultimately, the goal is to avoid going to trial, which costs time and money and doesn’t promise a guaranteed outcome.
If both parties agree to settle the case, they will sign a legally binding agreement before going their separate ways. Some agreements require parties not to disclose the terms. The plaintiff can decide to pursue a settlement agreement at any time during the legal process.
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Which Is the Better Approach: Settling a Sexual Abuse Case or Going to Trial?
Settling a case outside of trial may sound like it is the fastest way to recover damages, but that’s not true in some cases. Plaintiffs who are thinking about settling a sexual abuse case should consider the time commitment the process may require.
Your attorney can advise you on the appropriate way to pursue civil damages from the liable party or parties in a sexual abuse case. This is a personal decision, but the case’s facts and circumstances can also shape your decision. In addition to the time investment, you want to consider:
- If a settlement offer would bring closure you may need
- You may recover less compensation than if your case had gone before a jury.
- If you are OK with not seeing an abuser get their day in court or admit their role in the situation
- Any concerns you have about your revealing your identity or losing your privacy if intimate details about the incident must be shared during proceedings
Find Out What Your State’s Statute of Limitations Deadline Is for Sex Abuse Case
Fortunately, some states have either removed or extended the statute of limitations deadlines to give them the time to seek financial recovery through the civil courts. You can check these laws in your state to see how long you have to bring a case for damages forward. An attorney can explain any complex deadlines or legal jargon and tell you what your case’s timeline is.
What Compensatory Damages Can I Recover in a Sex Abuse Case?
Sexual abuse survivors endure trauma that can affect them indefinitely. The mental and emotional effects of such abuse can make it hard to function, taking a toll on a person’s self-image, self-worth, career, relationships, money, and just about every aspect of their lives.
If you want to file a civil lawsuit against the individual or institution responsible for the abuse you suffered, you can pursue compensatory damages, including the following:
- Pain and suffering
- Mental anguish
- Emotional distress
- Medical expenses
- Mental health treatment, therapy, counseling, and support
- Income losses
- Reduced earning ability
- Other related damages
You will need evidence to support your lawsuit’s claims. An attorney can determine the evidence that best proves your case. This can include:
- Medical records, physician statements
- Police report or incident report
- Sexual assault evidence kit
- Eyewitness testimony
- Video surveillance footage
- Written or electronic communications (e.g., emails and text messages)
An expert witness, such as a counselor or a professional who works with survivors of sexual abuse, could be called to testify on your behalf.
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Why Hire an Attorney for a Sexual Abuse Case?
Sexual abuse cases can be complex to handle alone without legal knowledge and understanding of the elements these cases involve. Hiring a Las Vegas personal injury lawyer can help you manage your expectations of how long it takes to settle a sex abuse case. A legal representative will also:
- Protect your rights and interests while building a compelling case for damages
- Explain your state’s statute of limitations deadlines and other applicable laws
- Identify all potentially liable parties and determine their liability
- Assess every loss and determine how much financial compensation you can demand
- Explain any changes in the statute of limitations laws that apply in your state
- Lead settlement agreement talks and fight for fair compensation that covers your losses
- Review all potential settlement offers to ensure you are compensated appropriately
- Prepare your case for trial if your case cannot be settled outside of a trial
- Represent you in all legal proceedings
- Manage communications with all parties involved
- Update you regularly on your case’s developments
A great deal of work must happen before you can decide whether to settle your case. An attorney is prepared to handle all these tasks and others for you while you focus on your recovery and healing.
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Call Van Law Today for Help With Settling a Sex Abuse Case – Free Consultation
Van Law firmly believes all who have suffered sexual abuse deserve the compensation they need to rebuild their lives and find peace. The road is long and tough for people who have endured sexual violence, so our compassionate attorneys will fight to the very end for their full recovery. We will lead your sex abuse case for however long it takes to settle it favorably.
If you or a loved one is seeking legal representation in a sexual abuse case, call us for a free, confidential consultation. Our sexual abuse lawyers are ready to hear your story and determine how we can help you seek justice and start a new chapter. We are ready to talk with you, so reach out to our team today for a free legal consultation.
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