What’s the Average Settlement for Childhood Sexual Abuse?

Survivors of childhood sexual abuse commonly experience long-lasting emotional and physical trauma. When seeking justice and compensation for the abuse, they usually want to know the average settlement in these lawsuits.

While the settlement in any case depends on its facts, our attorneys can evaluate your claim and determine what a good settlement will be for you. Childhood sexual abuse lawsuits have made the news regularly for the significant settlements survivors recover, with some in the millions. Getting the most for your settlement starts with identifying liable parties besides the abuser. Many of these incidents are perpetrated by individuals in places of relative power, like schools and churches. If a business or organization can be added to your claim, you stand a much better chance of recovering the damages you deserve.

Call The Law Office of Andrew Shubin at (814) 826-3586 for a confidential and free case review with our lawyers for sexual abuse victims.

How Much is the Average Settlement in a Childhood Sexual Abuse Lawsuit?

The effects and damages survivors suffer because of childhood sexual abuse cannot be understated. Childhood sexual abuse survivors deserve justice and to be compensated for their harm. A common question many survivors have when considering filing a lawsuit is the average settlement in these cases.

However, each case is unique, and the settlement in your case will depend on many different factors. Our childhood sexual abuse attorneys can explain who might be able to be held liable besides the perpetrator and what compensation you can claim. Once we have gathered the evidence in your case and interviewed witnesses, we can determine a settlement amount that covers your full damages. The following are some of the most crucial factors when determining how much a claim should settle for:

Who You Can Sue

Of course, the perpetrator of the sexual abuse should be named as a defendant in the lawsuit. However, these cases are often very difficult for the plaintiff and family if the abuser is another family member or friend.

Another issue for some childhood survivors is that they might not know the identity of the abuser. This can make it incredibly challenging to locate an abuser, especially considering that survivors often bring their claims years after the abuse occurred. Our team can use our resources to track down your abuser and bring them to justice.

One major problem with suing the abuser is that many do not have the money to pay compensation even if the survivor wins their case. This is known as “judgment proof.” To have the best chance of getting the full value in your settlement, we will determine whether the abuser assaulted you while they were working.

In civil law, a concept known as “vicarious liability,” or respondeat superior, allows employers to be held liable for the actions of their employees. However, this rule is not always applied to sexual abuse cases. Some courts do not consider sexual abuse to occur in the normal course of the employee’s duties, which is a requirement for vicarious liability to apply.

That said, many courts do apply this rule so that survivors are not denied justice. Considering that many childhood sexual abuse incidents occur in schools, churches, and after-school programs, it is possible that they can be added to your lawsuit. If so, you will have a defendant in your case with likely much deeper pockets than the abuser. When an organization or business settles a childhood sexual abuse lawsuit, the settlement could be in the six or seven figures.

Medical and Mental Healthcare Costs

Any settlement for childhood sexual abuse should also include any expenses the survivor or their parents paid for medical care and mental health costs. While some victims do need to be treated for medical injuries from the abuse, much of the costs usually deal with mental health treatment. Survivors often struggle with significant trauma in the fallout of the abuse and need years of therapy to help. Many survivors never stop needing counseling for the abuse they suffered. We can evaluate your costs for these services and use the records to help prove your pain and suffering damages.

Pain and Suffering

Often, the most significant part of a sexual abuse settlement is the compensation for pain and suffering. These are non-economic damages that compensate survivors for psychological, emotional, and physical pain. Survivors’ trauma can manifest in countless ways, with many experiencing a multitude of conditions. Survivors often feel shame, even though they were the ones who were victimized. Many also struggle with depression, anxiety, fear, and PTSD.

Pain and suffering can be challenging to quantify, but that is what our team is here for. When reviewing your case, we will pay close attention to how the abuse has impacted your quality of life. If you cannot partake in common activities because of the abuse, like enjoying a typical social life, the loss can be evaluated and argued for in your settlement.

In most cases, we can prove these damages using your medical and therapy records. We can also have family and friends testify to add more specific details to illustrate your pain and suffering. Of course, you can also testify to the devastating impact of your abuse. Compared to standard civil lawsuits, survivors often have the benefit of the doubt that they suffered significant pain and suffering because of the nature of the claim, but it still must be proven.

Lost Income

Lost income should also be accounted for in your settlement if the abuse prevented you from working. If the abuse can be traced to your lost earnings, you can recover daily wages for the missed time. You can also recover lost earning capacity if the abuse impaired your professional development.

Call Our Childhood Sexual Abuse Attorneys Today to Get the Justice You Deserve

For a free and confidential case review with our lawyers for sexual abuse victims in Wisconsin, contact The Law Office of Andrew Shubin today at (814) 826-3586.