Hagens Berman's attorneys achieved a nationwide sexual harassment settlement on behalf of 16,000 women. They’ve also tried the first ever sexual harassment case in Washington state, and have represented women violated by Harvey Weinstein, as well as USC alumnae abused by the university's former gynecologist, achieving a $215 million settlement. We are committed to protecting and empowering survivors of abuse.
Sexual abuse is one of the most heinous crimes that can be committed. It is unfortunately rampant in our society, including in the Seattle area. Sexual abusers are often people that a victim knows and trusts, making it especially difficult for victims to bravely report the crimes. However, when abuse is reported, it is essential that the victim receives the proper emotional, physical and legal support.
If you or a loved one were the victim of sexual abuse, contact us for a free, confidential consultation today with one of our compassionate attorneys.
CIVIL SEX ABUSE LAWSUITS IN SEATTLE
While the state of Washington doesn’t have a specific sexual abuse crime definition, there are several actions that would constitute criminalized sexual activity. These deplorable crimes include rape, child molestation and indecent liberties.
Although a sex-related conviction can give rise to a jail or prison sentence, civil personal injury cases can also be filed seeking damages for the physical and emotional harm that was suffered by the victim of sex abuse. These civil cases aren’t brought by prosecutors. They are typically brought by personal injury lawyers who focus on obtaining monetary settlements or awards on behalf of victims.
In the civil courts, they are referred to as sexual abuse cases. Our team of Seattle sexual abuse lawyers at Hagens Berman has been highly successful at obtaining compensation for sexual abuse victims. If you or a family member have been a sexual abuse victim, you’ll want to contact our offices about obtaining a free consultation and case evaluation so that we can provide you with a comprehensive overview of your legal options.
THE BENEFITS OF FILING A SEXUAL ABUSE LAWSUIT IN WASHINGTON
When a criminal prosecution is brought against the perpetrator of a sexual abuse crime in Washington state, the state is the prosecutor. As such, the victim will not be awarded any retribution for damages from those court proceedings.
However, the victim can file a civil case against the perpetrator and seek financial compensation for damages. While a financial award cannot undo the damage, it can cover the costs associated with the resulting physical and emotional trauma.
SEXUAL ASSAULT CASES AGAINST INSTITUTIONS AND ENTITIES IN THE SEATTLE AREA
In some instances of sexual abuse, cases can be brought against institutions, corporations, social service agencies, hospitals and nursing homes. Remarkably successful cases have been brought against the Roman Catholic Church, priests and nuns for both sexual assaults and attempted cover-ups. More recently, the Boy Scouts of America has been targeted with so many claims and lawsuits that it sought protection in the U.S. Bankruptcy Court.
When you hire Hagens Berman to represent you in your sexual abuse claim or lawsuit, our team of Seattle sexual abuse attorneys will thoroughly investigate the case in order to determine who might be liable and able to compensate you for your injuries and damages.
HOW IS A CIVIL LAWSUIT DIFFERENT THAN A CRIMINAL PROSECUTION?
In a criminal sexual abuse case, there’s a genuine possibility that if found guilty, the defendant might be sentenced to a term in a state prison or a county jail. A civil case for damages doesn’t involve the potential for incarceration.
Seeing as jail time is not involved, a lower burden of proof exists. The person alleging sexual abuse need only prove their case by a preponderance of the evidence, meaning that the allegations against the defendant are more likely true than not true. As a result of this lower burden of proof, the person accused of sexual abuse need not be found guilty in the criminal case to be found guilty in the civil lawsuit for damages.
In theory, a civil sexual abuse case could be brought at the same time as a criminal prosecution for the criminal case, but it would be heard in a different courtroom with a different judge and jury. Even if there were no criminal prosecution, a civil sexual assault lawsuit for damages could be heard.
WASHINGTON STATE’S STATUTE OF LIMITATIONS
A statute of limitations in a civil case refers to how much time a claimant has after the incident to file a lawsuit. Each state has its own limitations period.
In Washington, if the assault occurred after the claimant’s 18th birthday, the individual has three years from the date of the alleged occurrence to file a lawsuit seeking compensation for damages.
If the assault occurred before the claimant’s 18th birthday, the statute of limitations is somewhat fluid. In these cases, the victim has three years after the assault was discovered or should have been discovered to file the claim. For example, if the victim was assaulted as a child but did not learn of it until they were an adult then they would have three years after the discovery to file a claim.
COMPENSATION FOR DAMAGES
When a claim or lawsuit is founded on sexual abuse, allegations of both physical and emotional harm will likely follow. If the abuse is proved, the victim becomes eligible for damages. Some of the damages a victim is eligible for include:
- Past medical and mental health bills and any such bills reasonably expected to be incurred in the future.
- Any lost earnings as a result of the assault.
- Pain and suffering.
- Any permanent disfigurement or disability.
- Diminished enjoyment of life.
- Any diminished earning capacity.
- Punitive damages might be available under certain circumstances.
CONTACT A SEATTLE SEXUAL ASSAULT LAWYER TODAY
When you or your loved one has been a victim of sexual assault, you want a legal team with a proven track record of success to be advocating for you. Contact our team of experienced, respected and compassionate Seattle sexual abuse lawyers at Hagens Berman as soon as you can for a free consultation and case review. We offer a safe and secure messaging system to assure your confidentiality.
