Lynnwood Sexual Abuse Lawyer

Sexual abuse refers to non-consensual sexual contact or sexual advances. Often, sexual abuse is a crime. However, pursuing justice through the criminal justice system can be intimidating. The extremely high burden of proof, which is beyond a reasonable doubt, means that even a person with credible sexual abuse accusations may not get justice.

Fortunately, the civil justice system provides another way for a person to seek justice. You can file a sexual abuse personal injury lawsuit and seek recovery for physical, emotional, and mental damages. If you can prove the elements of sexual abuse, you may get compensation for your losses. A Lynwood sexual abuse lawyer could help you understand your rights.

Establishing a Sexual Abuse Claim

There are three elements of a sexual abuse claim. First, the person must demonstrate there was an act of sexual abuse or someone failed to prevent sexual abuse. The person must prove injury, which can be physical, mental, or emotional. Finally, the person must show that the abuse led to the injury.

In many injury claims, a person must show the other party had a duty towards them. That element is not necessary in most sexual abuse claims. All people have a duty not to abuse others sexually—a person does not have to show a special relationship to establish that duty.

When the claim is that someone in power failed to take steps to prevent sexual abuse, then the person may need to establish a duty. The person in power must be able to stop or prevent the abuse and fail to exercise that power. They may have negligent hiring practices or fail to take action when they learn of allegations of sexual abuse. A Lynwood attorney handling sexual abuse claims could evaluate a claim and determine the elements necessary to prove it.

Proof of Sexual Abuse

In an ideal case, there is physical proof of sexual abuse. A person has a medical examination immediately after any abuse, and that examination reveals abuse. Some people believe it is necessary to prove their case. However, evidence comes in many forms, and many people—especially children—do not have access to immediate healthcare. Even those that do may not have physical symptoms of the abuse.

A person should not let the lack of physical evidence stop them from pursuing a case. Other types of evidence can prove the allegations. Victim testimony can establish the abuse, and testimony by a mental health professional can establish mental or emotional damages. In addition, expert witnesses can testify regarding sexual abuse to provide support for the allegations.

If a case goes to trial, the victim must almost always testify. There may also be depositions and other types of questioning in the settlement process as both sides prepare for trial. A Lynwood sexual abuse attorney should understand that such testimony can be traumatic for a person and may coordinate care and testimony with mental health care professionals.

Sexual Abuse Lawsuit Statute of Limitations

A person generally has three years from the date of the abuse to bring an injury claim. The state allows child victims to extend the statute of limitations so they can bring cases on their own behalf after reaching adulthood. This extension is not automatic. A sexual abuse lawyer in Lynwood could explore the facts and discuss the likelihood of getting that extension.

Meet with a Lynwood Sexual Abuse Attorney to Seek Justice

Establishing a sexual abuse case depends on the facts and circumstances surrounding the abuse. Many people initially seek compensation from an abuser, only to discover that others may share financial responsibility for the harm. However, the cases can be emotionally challenging, requiring an experienced attorney to help a person balance their financial and emotional wellness needs.

A Lynwood sexual abuse lawyer could help you understand everything about the claims process. Armed with that information, you have the power to make the best decisions about your situation. Even if you decide against pursuing a claim, the attorney may be able to point you to resources that help sexual abuse survivors. Contact us today to discuss your case.