Attorney for Sexual Abuse Victims in West Virginia

Sexual abuse is tragically far more common than many people realize. Victims often live with the shame and fear of the abuse for many years before coming forward with their stories. While reporting the abuser to the police and seeking justice through the criminal courts is possible, it does not always work out. Still, you have the right to sue those responsible for the abuse and get justice through the civil court.

It is common for abuse victims to avoid coming forward out of fear, and many do not report the abuse for many years, even decades. Unfortunately, you only have so much time to file your case. Adults have only a few years to file legal claims, while those abused as kids have until age 36. Once we know we can file your case, we can assess your potential damages. Compensatory damages include economic and non-economic losses. Punitive damages might be available under specific conditions. To prove your claims and get compensation for your damages, we need evidence, which is notoriously tricky in sexual abuse cases.

Get a private case review for free when you call (814) 826-3586 and speak to our attorneys for sexual abuse victims at The Law Office of Andrew Shubin.

How Long You Have to File a Civil Case for Sexual Abuse in West Virginia

One of the biggest hurdles facing plaintiffs in civil cases for sexual abuse is timing. Many people wait many years before coming forward about the abuse, and some might be unable to file civil claims if the statute of limitation on their claim expires. Knowing how the statute applies to your case is important, and it applies differently to cases involving adults and children.

People Abused as Adults

There is no specific statute of limitations for adult victims of sexual abuse. Instead, these cases fall under the ordinary statute of limitations for most personal injury claims. Under W. Va. Code Ann. § 55-2-12, a person who experienced sexual abuse as an adult must file their civil claims no later than 2 years after the abuse. For example, if a romantic partner sexually abuses an adult, they have only 2 years from the date of the abuse to file a civil claim.

The rule works a bit differently in cases where the victim is abused repeatedly over time. Such cases are tragically not uncommon. You would have 2 years from the most recent incident of abuse, not the first incident. If you were abused for multiple years, you still might have time to file a civil case, depending on when the last act of abuse happened.

People Abused as Minors

A separate statute of limitations exists for people who were the victims of sexual abuse while they were minors. Since minors typically cannot initiate legal action on their own until they are at least 18, the law makes special exceptions in cases where they are sexually abused. According to W. Va. Code Ann. § 55-2-15(a), a minor who was the victim of sexual assault has 18 years from the day they reach the age of majority to file a civil claim. Put another way, our lawyers for victims of sexual abuse can help you file a claim until you are 36.

Alternatively, this kind of civil claim might instead be filed according to the discovery. Many victims of sexual abuse repress the memories of the abuse. Some are so young when it happens that they do not remember it or even know it happened until someone else tells them. In such cases, a person may file a civil case for sexual abuse within 4 years of the date they discovered the abuse.

The discovery rule would only kick in if it goes beyond age 36. For example, suppose you do not uncover the truth of the abuse until you are 37 years old. Even though you are past the cut-off age of 36, you still have 4 years to submit your claim because you did not discover the abuse until you were 37.

Potential Damages in Civil Cases for Sexual Abuse in West Virginia

Your damages in a civil case for sexual abuse may be worth more than you think. Compensatory damages may account for various non-economic and economic damages, while punitive damages might be awarded as a penalty for the defendant. Talk to your lawyer to determine the extent of your damages.

Compensatory Damages

Compensatory damages are designed to make up for what you have lost. Economic damages represent the money you lost because of the abuse. This might not represent a huge portion of your damages, especially if many years have passed since the abuse occurred. You might have little to no records of financial costs. However, you might be able to claim the cost of medical treatment if you needed it after the abuse. If you believe the abuse cost you financially in other ways, talk to your lawyer about it.

Non-economic injuries are more likely to be more substantial. These damages represent your painful personal experiences rather than monetary costs. For example, pain, suffering, emotional turmoil, psychological injuries, and the loss of enjoyment of your life because of the abuse all deserve compensation.

Punitive Damages

Punitive damages are rare, but they may be quite valuable. These damages are only awarded under very specific circumstances as a way to punish the defendant for their actions. According to W. Va. Code Ann. § 55-7-29(a), punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that the defendant acted with actual malice toward the plaintiff or an outrageous and reckless disregard or indifference for others’ welfare, health, and safety.

According to subsection (4)(c), punitive damages are limited in one of two ways. First, you may not recover punitive damages worth more than 4 times the value of your compensatory damages. Alternatively, you may not recover more than $500,000 in punitive damages. Whichever limitation is greater is the one that applies.

Contact Our Lawyers for Sexual Abuse Victims in West Virginia for Legal Support Now

Get a private case review for free when you call (814) 826-3586 and speak to our attorneys for sexual abuse victims at The Law Office of Andrew Shubin.