How To File A Sex Abuse Lawsuit In California

The Process for a Sexual Abuse Lawsuit in California

Filing a sexual abuse lawsuit takes courage. Not only does it involve meeting numerous legal requirements, but it can also be difficult emotionally. The good news is that a sexual abuse lawsuit attorney serves to keep the process as smooth as possible, handling the details while you focus on healing.

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. One of the concerns you may have that could keep you from pursuing a case is the kind of costs you can expect. As with other personal injury cases, your attorney will not charge up front but will instead work on a contingency fee basis.

This means they will get paid only if you get a settlement or jury award. Your attorney will then receive a percentage of these winnings, with the exact amount depending on various factors, including the case’s difficulty.

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. Economic damages cover the losses you sustained for which you have a clear price tag. These compensatory damages also address income that you may have missed out on because of what you suffered.

For example, if you needed counseling after the abuse, you could be compensated for your medical bills.

Non-economic damages are a bit more complex to calculate because they address losses that are not tangible in the same way as wages or medical costs. You can recover compensation for psychological distress, for instance, as well as for the loss of enjoyment of life you may have experienced.

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 or clear signs of negligence.

It’s sometimes possible to sue the owner of the property on which the abuse occurred, too, if they were negligent in keeping you reasonably safe while on their premises. This is not an easy thing to prove, however, which is one more reason to hire an attorney to assist you.

Through vicarious liability, you may even be able to hold the employer of the perpetrator responsible if the abuse occurred while they were performing their employment duties. For example, if a nurse abused you while you were at the hospital, you may be able to file against the perpetrator and the facility.

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.

Your attorney doesn’t just offer legal assistance. They also provide compassionate support throughout the entire process, guiding you through what you can expect and fighting for your rights during the negotiation process. If your case has to go to trial, their presence and experience are invaluable

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!