What rights do child sexual abuse survivors and their families have? They have the right to seek justice through a personal injury claim and to access resources to promote healing. An experienced, compassionate Las Vegas personal injury lawyer can help uphold these rights.
Child Sexual Abuse Survivors and Their Families Have the Right to File a Civil Claim
Child sexual abusers need to be held accountable for their crimes by the criminal justice system. The criminal court can impose penalties, sentencing abusers to prison and imposing fines. These measures are necessary. The abuser must pay their debt to society. Still, paying that debt does not repay the victim.
A personal injury claim filed with the civil court gives the child and their family a way to pursue a personal sense of justice. They can fight to secure compensation for what the abuser has taken from them and inflicted on them.
Of course, no amount of money can make up for what the child has endured and the effects of that abuse. Still, a civil claim is a chance to turn the tables on the abuser or other parties whose negligence allowed the abuse to occur. Now, the victim is the one making demands and exposing the abuser’s true nature. That sense of empowerment can help bring healing.
The Right to Legal Representation
Child sexual abuse survivors and their families have the right to partner with an experienced legal team. Prosecutors handle criminal cases against abusers. A personal injury lawyer represents victims, called “plaintiffs,” in civil claims.
As a victim, you have the right to choose your own attorney. It’s important to read online client reviews and review client testimonials on a firm’s website. Get a sense of the firm’s approach, character, and experience. Child sexual abuse situations are especially sensitive. Look for a team that will treat you with respect and compassion, while fighting fiercely to hold abusers accountable.
The Right to Hold All Negligent Parties Accountable
Child sexual abuse survivors have the right to demand compensation from their abusers. They may also have grounds to hold other negligent parties accountable. Sexual abuse can happen at schools, houses of worship, day care centers, or other places where trusted adults are expected to care for kids.
Those in charge of these places may not have taken reasonable steps to prevent abuse. Perhaps they lacked security. They might have failed to conduct adequate background checks. They could have ignored signs or even reports of abuse. An attorney can investigate the situation to determine if another party’s negligence led to the abuse and demand compensation.
Proving Negligence
A lawyer can explain the elements of negligence in personal injury cases. For a favorable outcome, you need to show the defendant owed your child a duty of care, a legal obligation, to uphold the child’s safety.
Then, you must show how the defendant failed in this duty by acting to put your child in danger or failing to protect them from it. Finally, you must show that the abuse happened because of this breach and has cost your child measurable losses.
The Right to Fight for Justice in Court
Sometimes, resolving your situation through a settlement is best for your personal injury lawsuit. A settlement is money that the defendant agrees to pay the plaintiff. Attorneys for each side engage in negotiations until agreeing on an amount. If you settle, you do not have to go through a lengthy trial.
Still, you don’t have to accept a settlement to resolve your claim. The other side may only offer low amounts, denying you justice and avoiding true accountability. You have the right to take your case to court and fight for justice at trial.
How a Civil Case Works
Criminal courts require evidence that proves guilt “beyond a reasonable doubt” to convict. The burden of proof is lower in civil court. The standard for personal injury is a preponderance of the evidence. Essentially, an attorney has to show that your “version of the facts, causes, damages, or fault was more likely than not the correct version.”
For many cases of child sexual abuse, the Nevada Revised Statutes (NRS) 11.215 puts no limit on how long victims have to file a claim. It establishes an indefinite statute of limitations. In some situations, victims must file within 20 years of turning 18. Connecting with an attorney soon after the abuse or as soon as your child remembers or reveals the abuse is best.
Child sexual abuse survivors and their families can potentially collect damages to cover related medical and counseling costs, including future expenses, as well as financial acknowledgement for physical injuries, emotional and psychological suffering, and damage to quality of life. The situation may also present grounds to collect exemplary or “punitive” damages per NRS 42.005.
The Right to Access Resources for Recovery
Take your child to a doctor as soon as you learn of the abuse. The abuse could have caused internal, if not visible, injuries or subjected them to sexually transmitted infections (STIs). Then, support their emotional and psychological healing. The American Academy of Child & Adolescent Psychiatry (AACAP) offers extensive information on where to find help for your child.
Prevent Child Abuse in Nevada has a partnership with Signs of Hope, an organization dedicated to offering “hope, help, and healing to those affected by sexual violence and exploitation.” Child abuse survivors and their families have the right to heal and live healthy, happy lives, and accessing these resources can support that result.
We’re Here to Fight for Your Rights
The team at H&P is dedicated to upholding the rights of sexual abuse survivors and their families. Child sexual abusers perpetrate great injustice on their victims, and we are here to demand accountability.
We want to lead your fight and help restore your sense of justice and dignity. Contact us to arrange a free case review with a caring, effective personal injury lawyer. We want the best for your whole family.
