How To File A Sex Assault Lawsuit In Florida

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • Florida generally gives you two years to file a civil sexual assault lawsuit
  • There’s no statute of limitations for sexual assault if you were under 16
  • An attorney can help you pursue legal action against perpetrators

Sexual assault causes long-lasting injuries — both mental and physical. Compensation can’t undo the harm you’ve suffered, but it could ensure you have access to quality counseling and medical treatment while you heal.

Filing a lawsuit for sexual assault in Florida might not be the right course of action for everyone. But for some, it brings a sense of justice and closure, holding the perpetrator accountable for their devastating actions. With compassionate support from an experienced sexual assault attorney, you can file a claim.

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Statute of Limitations to File Sexual Assault Lawsuits in Florida

If you’ve just survived a sexual assault in Florida, you might not know what to do next. In Florida, the statute of limitations for sexual assault civil lawsuits is generally two years from the date of the assault.

However, this doesn’t mean you should wait until the deadline is almost up to consult a lawyer. Evidence tends to get harder to track down over time, and talking to a lawyer early on ensures they have plenty of time to investigate.

Exceptions That May Extend the Deadline in Florida

There are some exceptions to the statute of limitations. If you were under 16 when you were sexually assaulted, there is no statute of limitations for civil action. The statute of limitations may be paused (or “tolled”) if the perpetrator goes into hiding or if you were mentally incapacitated at the time of the assault.

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What Allegations Go Into a Sexual Assault Civil Lawsuit?

Your lawyer will likely need to include your description of the assault in your lawsuit. They may also gather and include other types of evidence, such as:

  • Photos
  • Medical records
  • Forensic exam results
  • Records of any electronic communication between you and the perpetrator
  • Witness statements
  • Surveillance footage

If an attorney takes your case, they’ll likely spend significant time investigating your assault to ensure they have plenty of evidence to strengthen your claim.

How a Lawyer Can Help Survivors in Florida

Many people associate personal injury law with traffic accidents. However, a Florida personal injury lawyer with experience in sexual assault lawsuits may also be able to help you recover compensation.

In many cases, these lawsuits can be settled before they go to court. However, if yours ultimately must go to trial, a competent lawyer will be able to help you prepare.

The first step is finding a lawyer you trust. We can help! ConsumerShield matches people in need of legal assistance with qualified attorneys. Fill out our contact form below for a free case review!

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Frequently Asked Questions

  • There’s a huge amount of variation between sexual assault settlement amounts. The best way to get a sense of your case’s possible worth is to consult an experienced attorney.

  • Yes. Although having a police report is helpful to your case, you may still file a lawsuit if you never reported the sexual assault to the police.

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