What Compensation Can I Seek in a Sexual Abuse Lawsuit?

Victims of sexual abuse have a legal right to seek financial compensation in court from their abusers. We will explain what compensation you can seek in a sexual abuse lawsuit and how we can help you get the most from your claim.

Sexual abuse victims often have deep psychological scars that create trauma responses in their lives. With financial compensation, victims can afford to seek therapy to help them overcome what happened.

Here’s what you need to know from our New York sexual abuse lawyers.

Types of Damages in Sexual Abuse Cases

Compensation pays for the damages you’ve suffered because of your abuse. These damages are categorized into several types. These categories are crucial for understanding what compensation you can seek in a sexual abuse lawsuit.

Each type of legal damages serves a different legal and social purpose. Understanding these can help you learn what you can seek with the help of a sexual abuse lawyer.

Economic Damages

Economic damages, also known as special damages, are intended to compensate you for quantifiable financial losses directly stemming from the abuse. These typically include:

• Medical Expenses: Costs associated with immediate medical care, ongoing treatment, medications, and any specialized therapies needed.
• Lost Wages: Compensation for the time you were unable to work due to the abuse, including lost earning capacity if your ability to earn a future income is impacted.
• Rehabilitation Costs: Expenses related to physical and psychological recovery, such as physical therapy and counseling.
• Other Out-of-Pocket Expenses: Includes travel costs to and from medical appointments, legal fees, and any other expenses incurred because of the abuse.

These damages are relatively straightforward to calculate because they are based on actual financial expenditures and projected future costs.

Non-Economic Damages

Non-economic damages, or general damages, are awarded for subjective losses. These include:

• Pain and Suffering: Compensation for physical pain and emotional distress experienced both immediately following the abuse and ongoing.
• Emotional Distress: Specifically addressing psychological impacts such as anxiety, depression, PTSD, and other mental health conditions resulting from the abuse.
• Loss of Enjoyment of Life: This reflects the diminished quality of life the victim experiences as a result of the abuse, including loss of pleasure in previously enjoyed activities.

Non-economic damages are more subjective and require careful documentation and often expert testimony to place a value on them.

Punitive Damages

Punitive damages are awarded not to compensate the victim but to punish the defendant for their misconduct and to serve as a deterrent to others. These are typically awarded when the abuser’s actions go beyond the normal level of abuse.

Since sexual abuse is so harmful to victims, especially children, the court may lean toward awarding these to you. Punitive damages send a strong societal message about the intolerability of such behavior.

The Role of Expert Witnesses in Establishing Damages

In sexual abuse cases, the testimony of expert witnesses is critical for both quantifying your amount of compensation and providing the court with a clear understanding of the impact of the abuse on the victim’s life. Depending on your case, your lawyer may consult with:

• Medical Experts: Doctors, psychologists, and other healthcare professionals can provide testimony about the physical and psychological effects of the abuse. They can detail the medical treatments required, the prognosis, and the long-term care needs you have to justify medical costs.
• Mental Health Experts: Psychologists and psychiatrists can offer expert opinions on the emotional and psychological damage you suffered. Their insights into the nature of trauma related to sexual abuse help quantify non-economic damages like pain and suffering.
• Life Care Planning Experts: In cases where the abuse results in long-term or permanent disability, life care planners assess your needs for future care, accommodations, and equipment.

The integration of expert testimony in a sexual abuse lawsuit not only strengthens the case but also provides the jury or judge with the necessary information to make informed decisions about the appropriate compensation for your sexual abuse claim.

How a Sexual Abuse Lawyer Can Maximize Your Compensation

A skilled sexual abuse lawyer will help you navigate the legal process and maximize the compensation you may receive in a civil claim. They can enhance your chances of obtaining fair and just compensation.

Some of the ways a sexual abuse lawyer can help you include:

• Perform comprehensive case evaluations.
• Gathering necessary evidence to prove the amount of compensation you’re owed.
• Speaking with expert witnesses to justify their calculations.
• Negotiating with insurers and individuals to attempt to settle out of court.
• Advocate for you during trial if an agreement cannot be reached.

Conclusion

The compensation you can seek in a sexual abuse claim depends on the damages you’ve suffered and their extent. Our lawyers will attempt to find every penny of value your case is worth and justify it through strong evidence,  shrewd negotiation, and aggressive advocacy.

If you want to learn how much your sexual abuse claim may be worth, contact Morelli Law for a free consultation.