How Are Damages Determined in a Sexual Abuse Lawsuit?

In a sexual abuse lawsuit, determining damages is a complex process that involves evaluating both tangible and intangible losses you’ve suffered. There are many types of damages, and not all may apply to your case.

Once our sexual abuse lawyers in New York at Morelli Law can prove you have a claim, we have to decide which damages we can prove and how much they’re worth. Here’s what you need to know about how damages are determined in a sexual abuse lawsuit.

General Types of Damages

There are three broad categories of damages you can sue to receive: economic damages, non-economic damages, and punitive damages. The first two are sometimes called compensatory damages. Knowing these can answer the question, “How are damages determined in a sexual abuse lawsuit?”

• Economic damages are quantifiable financial losses, including medical bills, therapy costs, and lost wages. Some economic damages can be projected into the future, like lost earning capacity. Evidence like bills, receipts, and employment records can be used to prove these damages.
• Non-economic damages cover intangible losses that don’t have a dollar value but were caused by the crime. Pain and suffering, emotional distress, and psychological harm are examples. Their value can vary significantly from case to case.
• Punitive damages are rare but may be more likely in a sexual abuse situation. If you win punitive damages in your trial, you get extra money to punish the defendant.

What Factors Influence the Amount I Could Get from Damages?

A large part of sexual abuse claims is non-economic damages. Here are some factors that will influence how much you could get:

• Severity and Duration of the Abuse: Generally, the longer your abuse goes on and the more severe it is, the more compensation you will receive. This could also influence economic damages.
• Impact of the Abuse on You: The physical injuries and psychological damage you’ve suffered will affect damage calculations. A diagnosis of post-traumatic stress disorder (PTSD), depression, or anxiety after your abuse are examples of impacts.
• Your Quality of Life: Sexual abuse is well-known for damaging the quality of life for victims. Your lawyer will study how your abuse affected your daily life, relationships, and overall well-being.
• Your Age When You Were Abused: In general, children face far longer-lasting effects from sexual abuse.

How Are Damages Without Documentation Calculated?

Some damages are easy to calculate. If you have to see a doctor after your abuse, you can get that bill. Other damages don’t have documentation, whether because they’re non-economic or need to be projected into an unknown future like ongoing therapy. Here are some ways these are calculated:

• Comparative Analysis: Your lawyer may reference similar cases as a benchmark for determining compensation amounts for damages.
• Expert Analysis: An expert can provide testimony or reports to estimate future needs and losses related to your abuse and their value.
• Multiplier Method: Sometimes non-economic damages are calculated based on a multiplier of the economic damages. The multiplier depends on the impact of your non-economic damages relative to your economic losses.

More About Experts

The importance of expert testimonies in sexual abuse cases cannot be overstated. Experts such as psychologists, psychiatrists, and economic impact analysts play a crucial role in quantifying the extent of harm and projecting future impacts.

Their testimony can be essential for how your damages are determined in your sexual abuse lawsuit, especially to jurors who may have no idea what a fair amount of compensation is for what you’ve suffered.

Can Settling Change Damage Amounts?

Yes, it can. Once we know how much your case should be worth, we begin negotiations with the defendant to find a fair settlement. These negotiations can raise or lower the final value of your settlement.

The strength of the evidence, the expense and time of trial, the desire to avoid a public trial, and the potential reputational damage of public exposure of what happened can influence whether a case settles or not.

Going to trial also puts the decision of how much money you should get out of your hands and into the hands of a judge or jury. You may end up with nothing, but you may end up with much more. A lawyer like those at Morelli Law will be able to advise you on your chances and fight hard for you should you decide to litigate.

Would a Jury Give Me More Money?

How a jury perceives the case, your experiences, and the defendant can greatly influence damage awards, particularly for non-economic damages, which are more subjective. Sexual abuse claims are particularly sympathetic.

If a trial is necessary, your lawyer will work to persuade them about why you need compensation and how much would be enough to reach justice. However, the ultimate decision is in the hands of the jury and the judge.

Work With a Sexual Abuse Lawyer

If you want to know how damages are determined in your sexual abuse lawsuit and how much your case is worth, speak with Morelli Law. Our team is ready to help you get the compensation you deserve after sexual abuse. Contact us anytime to schedule a free consultation about your situation.