Georgia Sexual Abuse Lawyer
Fighting For Important Causes In State And Federal Courts
If you were sexually abused, you should talk to an attorney about how you can get justice. While people often assume justice can only be obtained through criminal courts, this is not always true. You may also file civil claims to get fair financial compensation for your injuries and damages. Most importantly, you may get the justice you need to find closure and move on.
If you are unsure how to report the abuse, we can help you contact the authorities. Whether or not the police open a criminal investigation, we can file civil claims against the person who harmed you. Damages in a civil case represent your losses and injuries and form the basis of financial compensation. Victims of sexual abuse often have their lives upended, and their damages might be quite valuable. Depending on how old you were when the abuse occurred, your time to file a civil case might be running out, and you should call our legal team as soon as possible. We can help you collect evidence, navigate complex legal procedures, and more.
If you were the victim of sexual abuse, contact our sexual abuse attorneys for a free, private case assessment by calling The Law Office of Andrew Shubin at (814) 826-3586.
How to Report Sexual Abuse in Georgia
Coming forward with claims of sexual abuse can be extremely difficult, and it is normal for victims to wait many years before reporting the abuse. Whether you have waited a long time, or the abuse is very recent, you should consider contacting a lawyer to help you. They can help to speak to the police about the abuse.
It is important to be prepared with evidence to support your claims. While the authorities should listen to you whether or not you have evidence, having some may lend more credibility to your claims and make a formal investigation more likely. If the police conduct a criminal investigation, we might be able to use the evidence they uncover to support your civil case.
While this can be difficult, you should be prepared for backlash when you report the abuse. Part of what makes coming forward with claims of sexual abuse so hard is that many people refuse to listen to or believe victims. Family members or friends might accuse you of lying. You might lose personal relationships, and people close to you might side with the defendant. It is often easier for people to believe that the victim is lying rather than believe someone else they know and trust is a sexual abuser.
Damages Recoverable in Georgia Civil Cases for Sexual Abuse
Although it might not feel like it to some, sexual abuse claims may warrant a significant award of damages. Compensatory damages may account for economic costs and non-economic injuries, which can be severe. In a few cases, courts may award punitive damages to punish the defendant. Your attorney can help you take stock of your damage so that no compensation is overlooked or left out.
Compensatory Damages
Your compensatory damages should account for the things you have lost because of the abuse you endured. This might involve financial costs in addition to serious emotional or psychological injuries. Depending on your specific circumstances, your case might also be eligible for punitive damages.
Economic damages reflect the monetary costs of the abuse. For many, this includes costly hospital bills after being treated for injuries caused by the abuser. In some cases, abuse can be brutal and violent, and your injuries and hospital bills might be significant.
Non-economic damages tend to be more substantial in sexual abuse cases, and they are sometimes the bulk of a plaintiff’s damages claims. You may claim physical pain, emotional suffering, psychological injuries, humiliation, and more. Sexual abuse often comes with lifelong emotional complications, and you deserve significant compensation for everything you have gone through.
Punitive Damages
Although rare, punitive damages may be awarded if the court believes the defendant should be financially punished for their actions. Punitive damages also serve as a deterrent to hopefully prevent future bad actions.
According to O.C.G.A. § 51-12-5.1(b), punitive damages may be awarded if we prove by clear and convincing evidence that the defendant’s harmful actions demonstrated malice, willful misconduct, fraud, oppression, wantonness, or a lack of care that creates a presumption of conscious indifference to consequences.
When You Should Speak to a Lawyer About Your Civil Claims for Sexual Abuse in Georgia
How long you have to hire a lawyer and file a civil case for sexual abuse may depend on your age when you were abused. Generally, victims of childhood sexual abuse have a bit longer to file claims than those who were abused in adulthood.
If you were sexually abused in childhood, your case may be governed by the statute of limitations under O.C.G.A. § 9-3-33.1(a)(2). Under this law, claims regarding abuse before July 1, 2015, must be filed before the plaintiff turns 23. However, according to § 9-3-33.1(b)(2), for abuse that happened on or after July 1, 2015, claims must be filed before the plaintiff turns 23 or within 2 years of when the plaintiff discovers the abuse or learns that it resulted in injuries. This is a crucial caveat for many plaintiffs, as it is common for victims of abuse to repress memories. Others might have been so young when the abuse occurred that they cannot remember it.
If you experience sexual abuse as an adult, your case may be governed by the statute of limitations under § 9-3-33. This is a much shorter limitation period, and you may have only 2 years to file your civil case. Remember, your limitation period runs from the date of the most recent abuse, which might give you a bit more time than you first thought.
Talk to Our Georgia Sexual Abuse Attorneys About Your Case Now
If you were the victim of sexual abuse, contact our sexual abuse attorneys for a free, private case assessment by calling The Law Office of Andrew Shubin at (814) 826-3586.