What to Expect in Settlement Amounts for Sex Abuse Lawsuits

According to RAINN (Rape, Abuse, & Incest National Network), a sexual assault happens every 68 seconds in America. Every nine minutes, that victim is a minor.

Despite these startling numbers, only around 25 out of every 1,000 offenders will ever wind up in jail. That said, seeking justice through criminal court is only one avenue for victims. Those impacted by sexual abuse also have the opportunity to pursue justice through civil court. They can achieve this by filing a lawsuit for financial compensation against their offender or another negligent party who contributed to the incident.

According to a study investigating the lifetime economic burden of rape on a victim, a sexual assault survivor will wind up losing over $120,000 in overall damages as a result of the incident.

The study went on to explain how those losses usually include substantial medical bills for abuse-related injuries, lost work productivity, property damage, emotional distress, and other costs.

On average, sexual assault settlement amounts are substantial, especially when the attack has significant consequences like the development of an STD or unintended pregnancy. 

To reflect this, average sexual assault settlement amounts hover around a comparable and equal value. Considering this host of losses, it’s critical that sexual abuse survivors consider their options for financial recovery after an attack. Below, we’ll go over in depth a survivor’s rights when it comes to filing a lawsuit.

The Importance of Seeking Compensation

Considering the average settlement for sexual assault lawsuit claims can exceed hundreds of thousands of dollars, it’s important to consider your legal rights if you were sexually abused.

Seeking compensation is important for many reasons. For one, you are entitled under the law to financial compensation that restores you to the economic position you were in before the incident. This money will help you cover costs associated with the attack, like your medical bills or income you lost from missing time from work. It can also help you cover the emotional distress you suffered.

Another reason filing for compensation is critical is because it could help deter the perpetrator from committing similar crimes or force an institution to take corrective measures. For instance, the ongoing lawsuits awarding compensation for Mormon Church victims continue to result in protective institutional changes.

If you’re also seeking out a criminal case against your perpetrator, then it’s important to be aware of the differences when it comes to restitution vs. compensation. Restitution is a form of financial relief you will be awarded if the other party gets convicted of a crime, whereas compensation is provided by a court if you pursue a personal injury lawsuit against the suspect. Restitution is limited, whereas compensation should fully cover the extent of your losses.

Key Factors Influencing Sex Abuse Settlements

Sexual abuse settlement amounts are always determined on a case-by-case basis, so you can never assume how much your case will be worth until you take the time to fully analyze the extent of your losses. In general, the most common factors that will influence your settlement amount include the severity of the attack, the impact of the incident, the duration of the abuse, and the strength of your case.

Severity of the Attack and Impact of the Incident

The impact and severity of the sexual abuse are directly related to the settlement award. In general, the more serious the offense or the more significant the injuries and harm, the greater the payout will be. Some cases, like sex trafficking lawsuits or cases involving pregnancies, will always result in a higher payout due to the aggravating factors surrounding the crime.

According to The Crime Victims Center, 33% of girls and 17% of boys will be sexually abused before their 18th birthday. In general, any type of abuse that occurs to children is considered much more severe, which is why childhood molestation compensation is usually very high. The impact of abuse on a child has the potential to cause lifelong trauma, more severe physical injuries, and more significant emotional distress. That said, you can expect any assault lawsuit payout that involves children to be significant.

Duration of the Abuse

In general, your potential settlement award will be higher when the duration of the abuse you suffered is longer. The main reason for this is that long-term abuse leads to longer-term injuries and losses.

Strength of Your Case

One of the biggest factors that will influence your settlement award is the strength of your case. One major challenge you’ll have to face to receive your sex abuse lawsuit payout is producing enough evidence to prove what happened and the extent of your losses. Without solid proof, your case will fall flat. If you’re struggling to determine what types of evidence to secure or how to find the right evidence, then it’s best to consult with an attorney who can help.

When you hire the right representative, they’ll be sure to collect significant evidence and documentation to back up your claims. By presenting a solid case upfront, your lawyer is increasing the chances that the other party will negotiate a more favorable settlement quickly.

Statute of Limitations

Another factor that could impact your settlement is how much time has passed since the attack. All states have their own statute of limitations on sexual assault lawsuits, so you’ll need to make sure that the time limit hasn’t passed when you pursue your case. In most states, the statute of limitations for sex abuse lawsuits is around one or two years. Certain circumstances, like being a minor when the attack occurred or not reasonably identifying who was responsible for some time, might extend the time limit on your case.

The average settlement for sexual assault lawsuit cases tends to exceed tens of thousands of dollars because the impact of this type of abuse is serious. Sexual abuse causes lifelong, irreversible harm.

Types of Damages in Abuse Lawsuits

Sexual assault settlements should fully compensate the injured party for everything they went through. The settlement should include both economic and non-economic losses. Economic damages are losses that are financial in nature and very easy to prove. A few examples of economic damages you might incur after sex abuse include medical bills, lost wages, and a loss of future income. Non-economic damages are more subjective and difficult to prove. After sex abuse, you might be eligible for compensation for your pain and suffering, emotional distress, and more.

In some rare cases, you might also be entitled to pursue punitive damages. This type of award isn’t meant to compensate the victim but instead financially penalize the offender. Punitive damages are most appropriate in situations like institutional abuse claims, cases involving extreme negligence.

Average Settlement Amounts

Sex abuse lawsuit settlements range significantly based on the specific facts and circumstances surrounding the attack and the victim’s losses. That said, most of these cases lead to settlement awards in the tens of thousands of dollars range. Some states do have caps on the overall sexual abuse settlement amount you can receive, so your award will be limited to that maximum value.

Real Cases and Settlement Examples

Currently, the Los Angeles County Board of Supervisors is considering approving a $4 billion settlement for victims impacted by juvenile facility sexual abuse. The lawsuit alleges widespread sexual abuse in these juvenile facilities dating back to 1959 and still occurring up until recent years. If approved, this case would be the biggest settlement in U.S. history.

In another landmark case, more than 84,000 individuals were awarded $850 million after the Boy Scouts of America organization was accused of grooming and abusing countless children over the years. The victims were all children when the incidents occurred, and most of those victims are now in their 60s and 70s.

How to Pursue Compensation for Sexual Assault

Pursuing sexual abuse compensation begins by officially reporting what happened, starting to document your losses, and reaching out to an attorney. Once you get in touch with an attorney, your lawyer can discuss payment arrangements or lawsuit funding for sexual abuse claims. Many personal injury attorneys work on a contingency fee basis, though, which means you won’t have to pay for your legal representation until you win your case. From there, your attorney will begin collecting significant proof, filing the right paperwork, and negotiating with the other party.

Challenges in Sexual Assault Settlement Cases

Pursuing a sexual assault settlement case will likely present several challenges. For one, the potential for victim blaming is very high since it will be difficult to prove consent. It’s often extremely difficult to produce evidence for sexual harassment cases or instances of unwanted sexual assaults. For another, the survivor may fear retaliation and want to avoid any additional psychological trauma associated with providing testimony or defending themselves in court.

The good news is that a seasoned sexual assault attorney will know how to navigate these challenges and any other issues that surface throughout your claim.

Why Legal Representation Matters

A sexual assault is often traumatic for survivors, and pursuing a legal case for compensation alone can further compound the grief you’re experiencing. The main reason for this is that you’ll be expected to defend yourself and provide substantial documentation that proves your claims. Hiring the right legal representation for abuse victims ensures that your grief isn’t compounded by the challenges associated with your legal pursuit of justice. Your attorney can handle the claim while you focus on healing.

The right legal advocate can also maximize your overall settlement award by considering losses you may not have considered, like pursuing punitive damages for sexual abuse.

Maximizing Your Settlement Value

Pursuing sex abuse legal claims after experiencing an attack is an extremely complex situation, and it takes a significant emotional and mental toll on victims. For that reason, it’s critical that you consider hiring a sexual assault attorney to help not only support you but also ensure you maximize your settlement value. Sexual assault settlement amounts vary on a case-by-case basis, so your legal representation matters.

The right sexual abuse lawyer assistance will ensure justice is served by identifying and documenting all your losses, verifying that all your paperwork is filed correctly and in a timely manner, negotiating with the other party, and representing you in court if the other party isn’t willing to offer a reasonable settlement outside of court.

An experienced attorney will be your best legal advocate, ensuring you don’t minimize your losses by failing to consider them all and always taking care to uphold your rights throughout your legal process. 

Here at Kermani LLP, our lawyer will do their best to safeguard you from needing to defend yourself more than is necessary to prove your case, as they’ll understand the severity of what you’ve gone through.

Start Your Pursuit of Justice Now by Contacting Our Sexual Abuse Attorneys

If you’re ready to talk to a lawyer, then we can help. Schedule a free and confidential case review with our team of compassionate sex abuse attorneys here at Kermani LLP by leaving your contact details on our online form. You can also call our office.