How To File A Sex Abuse Lawsuit In Florida
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- A sex abuse lawsuit could help you recover compensation as you heal
- How long you have to file depends on your age and other factors
- An experienced sexual assault attorney can offer valuable guidance
Sexual abuse is an experience that can leave lifelong scars, both emotional and physical. Regardless of whether the perpetrator faced charges, finding some sense of justice and closure can be difficult.
If you’re a survivor of sexual abuse in Florida, pursuing criminal charges isn’t the only way you can get justice. In some cases, filing a sexual abuse lawsuit may be the best way forward. A lawsuit gives you the chance to obtain compensation for your trauma without having as high a burden of proof to meet as you would have in a criminal case.
With aid from a sexual assault attorney, you can have the legal support you need as your perpetrator is held accountable for their devastating actions. Although legal action doesn’t erase the abuse you faced, personal injury lawsuits give survivors the chance to fight for their rights and the justice they deserve.
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The Process for a Sexual Abuse Lawsuit in Florida
When filing a sexual abuse lawsuit in the state of Florida, survivors will typically partner with an experienced attorney, who will follow these steps:
- Initial consultation
- Investigation and gathering evidence
- Filing a lawsuit on your behalf
- Attempting to negotiate a settlement
- Representing you in court if needed
Filing a claim can take courage. If you ultimately decide to file a lawsuit for sexual abuse in Florida, your attorney can make sure you know what to expect along the way.
One of the most challenging aspects of the case is calculating the damages you may be entitled to. All too often, people focus on the tangible expenses they have incurred, not knowing that Florida law also allows victims to account for the emotional suffering they have experienced. Your personal injury lawyer can calculate your losses accurately.
The next challenge is to negotiate for a settlement. Negotiations are always going to be difficult when dealing with insurance companies, but they can be psychologically brutal in sex abuse cases. By having an attorney by your side, you can let them fight on your behalf.
Damages Survivors Can Seek in Florida
In a lawsuit for sexual abuse in Florida, you may recover both non-economic and economic damages, which can include:
- Medical bills
- Lost income from having to take time off work
- Pain and suffering
- Estimated future financial losses
The types of damages you can recover vary widely. An experienced attorney can evaluate your case and give you a clear idea of what it might be worth.
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How Long Do I Have to File a Claim in Florida?
Like many states, Florida has extended its statute of limitations for civil lawsuits stemming from sexual abuse. If you were the victim of a sexual offense before the age of 16, there is no time limit on when you may file a lawsuit. However, the statute of limitations was only removed for cases that would have been time-barred after July 1, 2010.
If you’re an adult survivor of sexual abuse, you must file a lawsuit by the later of these two deadlines:
- Within four years of becoming independent from the perpetrator
- Within four years of discovering that sexual abuse caused the harm you’re experiencing
There may be other exceptions, too. If, for example, your abuser leaves the state before you can file the claim, the statute of limitations will be tolled, or halted, until they return. If you’re in any way incapacitated, that could extend the timeline as well.
Understanding statutes of limitations when it comes to sexual abuse can sometimes be challenging. It’s generally best to consult a lawyer to determine how long you have to file. The last thing you need is to miss the deadline and be barred from recovering your losses.
Sex Abuse Lawsuit: Who Can I Sue?
In a lawsuit for sexual abuse in Florida, different parties may be liable. You might choose to sue the individual abuser as well as their employer. This is particularly common in lawsuits over sexual abuse in schools, churches, and other institutions. Vicarious liability laws make that possible because they hold employers responsible for the actions of their agents, or employees.
It’s also possible to file a lawsuit against institutions. Schools, churches and other facilities have a duty of care to keep children safe, for example. If they are in any way negligent and you suffer harm, they can face civil liability.
One concern that many victims of sex abuse have is whether they can pursue a claim if the perpetrator died. You may be able to begin a lawsuit against their estate. These are particularly challenging legal actions, however, so it’s crucial that you work with an attorney to get the support you need.
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Choosing a Civil Sexual Abuse Lawyer in Florida
If you’re considering filing a lawsuit for sexual abuse, you don’t need just any Florida personal injury lawyer. You need an attorney with extensive experience handling sexual abuse cases. The right person will offer the compassionate representation you deserve and will be ready to fight for your rights, no matter how challenging the process may be.
When you’re not sure how to connect with the right lawyer, ConsumerShield can help. Fill out our contact form to get started with a free, no-obligation case review today.
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Frequently Asked Questions
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Most lawyers who handle sexual abuse lawsuits work on contingency, so you only pay if they recover compensation for you.
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That depends. Straightforward cases that settle may be resolved in a few months, but cases that go to trial could take years.
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Each case is unique. Factors that can impact the types of settlements you may be able to get include how long the sex abuse lasted, your age at the time of the abuse, the evidence available, how severely the abuse impacted your life and whether there were other parties involved.
