How To File A Sex Assault Lawsuit In Indiana
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Victims of sexual assault in Indiana can seek justice through lawsuits
- You typically have two years to begin the claim
- You need to prove that you did not consent to the sexual activity
Sexual assault can be a devastating experience, one that often brings lasting physical and emotional trauma. While nothing can truly undo the harm caused by a sexual assault, victims may be left wondering what they can do to bring justice and hold the perpetrator accountable for the harm they’ve caused.
If you have been a victim of a sexual assault in Indiana, you may be able to begin a civil case against the perpetrator. To have a chance to receive fair sexual assault settlement amounts, it’s essential to hire an experienced attorney to guide you. Learn more about this process and why an Indiana personal injury lawyer can make a difference.
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Statute of Limitations to File Sexual Assault Lawsuits in Indiana
If you’re considering filing a lawsuit for sexual assault, keep in mind that you don’t have an unlimited amount of time to do so. You will need to file before the statute of limitations expires to ensure you don’t give up your right to compensation.
Although it can be frustrating to have to worry about a deadline, the statute of limitations protects the strength of your case. Victims have a better chance of succeeding in their claim when the evidence is fresh, and witnesses may not be available after a long time has passed.
In Indiana, the statute of limitations for a sexual assault lawsuit is two years from the date of the assault. This timeline is the same as for other types of personal injury claims. It can be emotionally taxing to think about beginning a lawsuit for sexual assault, which is why it’s essential for victims to partner with a compassionate, experienced attorney.
They can take care of all of the paperwork involved in these claims while you focus on your personal well-being.
Exceptions That May Extend the Deadline in Indiana
Indiana has provisions in place to provide extra time to file for younger victims of sexual assault. In cases of sexual assault in Indiana that involve minors, the case must start either seven years after the incident or four years after the victim stops being dependent on the party who committed the assault, whichever is later.
It may also be possible to toll the statute of limitations if the defendant leaves the state before you can file your claim. Once they step back into Indiana, the clock will start ticking again.
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What Allegations Go Into a Sexual Assault Civil Lawsuit?
A sexual assault lawsuit is different from other types of personal injury claims because you’re not striving to prove that negligence occurred.
Instead, you will allege that you were involved in sexual activity against your will. You did not give your consent or did not have the capacity to consent, as is the case with minors and those who were intoxicated at the time of the assault. In Indiana, the age of consent is 16. People with mental disabilities also cannot grant their consent.
How a Lawyer Can Help Survivors in Indiana
A lawyer with experience in pursuing civil lawsuits for sexual assault in Indiana can help gather the most relevant evidence to demonstrate that you deserve compensation. It’s often difficult to obtain proof that the assault occurred because of the very nature of the crime.
There may not be witnesses, and the shame and fear that victims often feel can delay the process of getting medical assistance that could leave a record of their injuries. With an attorney on your side, you will have more guidance on the types of evidence that could make a difference in your case.
One of the most important things that an attorney can do is help you understand which parties you can hold liable. It might not be just the perpetrator who could be responsible for your losses. If you were assaulted at school, for example, you may be able to file against the institution if they were in any way negligent.
In some instances, you can also rely on vicarious liability laws to hold employers liable for the actions of their employees. Even property owners could be responsible if their negligence led to your assault.
The next important reason to have a lawyer by your side is that they can assist you in calculating the losses you sustained. To do this, your lawyer considers the full impact the assault has had on your life, beyond medical expenses. This involves putting a dollar value on the pain and suffering you experienced, which is not easy to do.
Once they have a good idea of the damages you deserve, your lawyer will also know how to negotiate aggressively with insurance companies. If it’s not possible to obtain a fair settlement, then your lawyer can take the case to court. Above all, they offer the support you need throughout this difficult process.
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Filing a Lawsuit With Experienced Representation
If you’ve been sexually assaulted in Indiana, filing a lawsuit against the perpetrator can help you recover losses. At ConsumerShield, we can help you find the right attorney in your area to represent you. Contact our team to get started.
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Frequently Asked Questions
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Yes, you can file a civil case while there’s an ongoing criminal case. They don’t impact one another.
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You can receive damages that cover your medical expenses, including any therapy sessions you may need. If you had to miss work, you can claim lost wages, too. Additionally, you can receive compensation for your pain and suffering.
