If you have been a victim of childhood sexual abuse or a parent whose child has been abused by someone in authority in your church or school, it is essential to get legal representation as soon as possible.
You have to find out more about a lawyer’s qualifications, and you also need to find out how the law applies specifically to your case. Some of these questions concern the statute of limitations for filing a claim and if you have the evidence needed to facilitate a claim.
Before you meet with a sexual abuse lawyer, write down some key questions so you can get the answers you need to proceed with your case legally.
The questions you ask are essential, as they will give you the information required to receive justice and equitable compensation. Below are the main questions you should ask a lawyer who will be representing you in this type of legal case.
1. How Much Time Do I Have to File a Claim?
The statute of limitations varies by state for filing a child sexual abuse claim. Generally, you have three years from discovering the abuse to file a claim. However, some states, such as California, have a particular statute of limitations for victims who were abused when they were under 18 years old. In these cases, they may file a claim until their 40th birthday.
States have different provisions when it comes to filing this type of claim. Therefore, before you decide to file a claim, you have to look at the timeframe for filing first.
2. What is Your Background in Filing Sexual Abuse Claims?
If you can go ahead and file a claim, you need to ask your lawyer about their background. What type of direct experience do they have in filing a claim? This is important as you want your legal counsel to have a strong understanding of abuse cases similar to yours.
You want to work with an attorney who has directed most of their energy toward seeking relief for victims of child sexual abuse. Therefore, ask them how many claims they’ve handled and how long they’ve been practicing.
Make sure you work with someone who is used to navigating the court system and filing these types of claims. What did most of the claims involve? For example, did they relate to matters involving churches, daycare facilities, or schools?
3. What Types of Damages Will You Be Seeking?
Not only do you want to see justice served when filing a claim, but you are also seeking just compensation. Therefore, it is essential to ask about monetary damages. What can you expect in the form of monetary damages? What exactly will they cover?
Generally, in these types of cases, litigants ask for damages that cover pain and suffering and ask that they receive compensation for the money they’ve paid for the medical costs and psychiatric costs related to the abuse.
For example, if you are a parent who sought medical treatment for your child or an adult who had to receive drug rehab because of the abuse, the costs should be included in the settlement.
Your lawyer should be able to sit down with you and give you an idea of what you might receive in a settlement.
4. What Types of Successes Have You Had in Filing Child Abuse Claims?
You also want to find out your lawyer’s reputation in winning cases involving childhood sexual abuse. How many claims have they settled? What were the claim amounts? What were the verdicts? You might also ask that the lawyer provide a couple of referrals so you can get a better idea of each claimant’s experience.
5. What Can I Do If My Child is Currently Being Abused?
If you’re not a victim, but your child is currently being victimized, you need to ask an attorney to assist you in getting intervention. You should contact law enforcement, but you also need to contact the school if that is where the abuse is happening. The child should be removed from the venue immediately.
Filing the Case in Civil Court
When child sexual abuse cases are filed today, they are typically filled in civil court. Therefore, if you’ve been victimized, you have more control over the legal decisions. The standard used for getting a conviction is based on the preponderance of the evidence.
This can be especially helpful if you’re part of a class-action lawsuit – or a legal case where the defendant is responsible for abusing more than one victim.
Don’t Be Afraid to Ask Questions
Whether you’re the victim of child sexual abuse or your child has experienced abuse, don’t be afraid to ask questions. You have a right to know what to expect when working with an attorney. Use the above information as a guide in helping you get the legal help you require.
