How To File A Sex Abuse Lawsuit In California
Summary
- California gives more time to file claims for sexual abuse than most states
- A “lookback window” through 2026 may give victims even more time
- A sexual abuse lawyer can help you better understand your legal options
Sexual abuse leaves lifelong emotional scars, coupled with physical harm in many instances. If you’ve survived sexual abuse in California, a lawsuit may give you a sense of justice and closure, holding your abuser to account for their devastating actions.
Whether you’re considering filing a clergy abuse lawsuit or looking to hold an individual abuser accountable, the right attorney can guide you through the legal process, providing valuable support and compassion along the way.
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The Process for a Sexual Abuse Lawsuit in California
Here’s an overview of how the process works:
- You consult an experienced sexual abuse attorney
- If the attorney takes your case, they begin investigating and gathering evidence to support your case
- Your attorney will file the initial lawsuit in accordance with state timelines
- They will then attempt to negotiate a fair settlement
- If needed, they represent you in court, as well
Most cases settle outside of court, but there’s still a chance your sexual abuse case could go to trial.
Damages Survivors Can Seek in California
After a sexual abuse lawsuit, you may be able to recover damages for both financial and non-financial losses. For example, if you needed counseling after the abuse, you could be compensated for your medical bills and any lost income. You also may recover compensation for psychological distress.
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How Long Do I Have to File a Claim in California?
California recently updated its statute of limitations for sexual abuse civil cases:
- There is no statute of limitations for childhood sexual abuse if the last incident was in 2024 or later
- For childhood abuse before 2024, you must file by your 40th birthday or within five years of discovering the abuse caused injury (whichever is later)
- Adult victims have 10 years from the date of an assault or three years from the time they discovered the assault caused injury (whichever is later)
California Assembly Bill 2777 created a “lookback window,” temporarily suspending the statute of limitations for many of these cases. Now, victims of sexual abuse in California may file previously time-barred claims (as long as the abuse happened in 2009 or later). The lookback window goes from January 1, 2023, to December 31, 2026.
Sex Abuse Lawsuit: Who Can I Sue?
Your individual abuser(s) may be held liable. However, if your abuse took place in an institutional setting like a church or school, you may be able to sue the institution itself — especially if there’s evidence of a cover-up.
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Choosing a Civil Sexual Abuse Lawyer in California
Filing a lawsuit for sexual abuse in California can be extraordinarily emotionally difficult, and in some cases, it can be legally complex. When you have a California personal injury lawyer experienced with cases like these, you can dramatically increase your chances of receiving fair compensation.
However, if you’re like many survivors, you might not know how to find the right attorney. That’s where ConsumerShield can help. We make it fast and easy to connect with qualified lawyers in your area. Fill out our contact form to start with a free case review!
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Frequently Asked Questions
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Yes. It’s not necessary to have a police report to file.
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There’s a large amount of variation between cases. The best way to know how much you can recover is to consult a lawyer.