How To File A Sex Assault Lawsuit In Texas

Statute of Limitations to File Sexual Assault Lawsuits in Texas

If you’ve just survived a sexual assault, you’re probably not thinking about filing a lawsuit. In the wake of a trauma, just going through the motions of everyday life can be a struggle. It’s understandable to take some time to heal before you start looking at your legal options going forward.

However, one of the first things to remember when beginning a sexual assault claim is that you don’t have an unlimited amount of time to file your case. The statute of limitations for these claims in Texas is two years. If you miss that deadline, you may not be able to pursue compensation from the perpetrator.

Keep in mind that you shouldn’t wait until the statute of limitations has almost expired to talk to a personal injury lawyer. If a lawyer accepts your case, they’ll need time to gather evidence. The earlier you get in touch with a lawyer, the better.

Exceptions That May Extend the Deadline in Texas

The state of Texas extends the statute of limitations in specific circumstances, seeking to provide fair timelines for victims of sexual assault. For example, there are exceptions to the statute of limitations if the assault case involves minors.

If the victim was under the legal age at the time of the assault, the clock would start running when they turn 18.

Exceptions can also apply if the victim was incapacitated when the assault occurred. When their incapacity is resolved, the statute of limitations can start running.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

In a civil lawsuit for sexual assault in Texas, the main allegation is that the victim was forced to engage in sexual activity. It requires proving that the incident involved a lack of consent or that the victim was unable to give consent. The latter occurs if the plaintiff was under the legal age or was incapacitated.

A sexual assault lawsuit is considered an intentional tort case, which means that you suffered harm because of the defendant’s deliberate actions. However, in some cases, you may be able to file a negligence-based claim after a sexual assault as well. These are a few examples:

• You were assaulted in a poorly lit parking lot in a high-crime area.
• Your workplace hires a sex offender who then sexually assaults you.
• Your landlord refuses to fix broken locks on your windows, and a perpetrator breaks in and sexually assaults you.

The best way to find out whether you have a strong negligence-based claim is to talk to an experienced lawyer. Your attorney can help you decide what type of lawsuit to file.

How a Lawyer Can Help Survivors in Texas

An attorney can be a powerful ally for survivors of sexual assault. Working with a lawyer doesn’t mean you’re guaranteed a win, but having strong legal representation significantly improves your chances of success.

Here’s a closer look at some of the most important ways your attorney can help you:

Evaluating Your Case

Some cases are stronger than others, and unless you’re a lawyer, it can be next to impossible to figure out if you’re likely to win in court. Most personal injury lawyers offer free consultations, so your attorney should be able to tell you if you have a good chance of winning.

Gathering Evidence

If an attorney believes it’s possible to win your case, they’ll probably offer to represent you. From there, they’ll dig into the specifics of your case to gather evidence.

Negotiating a Settlement

If you file a sexual assault lawsuit, your case may need to be decided in a civil trial. However, more often than not, an attorney will be able to negotiate a settlement outside of court.

Offering Guidance and Support

Filing a sexual assault lawsuit can be an important step on your healing journey. It can also be extraordinarily emotionally difficult, though. Your attorney can help you understand the process and give you a sense of security as you work toward a resolution.

Fighting for Your Rights After a Sexual Assault in Texas

If you have experienced an assault in Texas, the right legal partner can make all the difference in your pursuit of justice. At ConsumerShield, we can connect you with representation in your area so that you can receive the compensation you deserve. Contact our team to learn more.