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A sexual assault is a devastating event that no one should have to experience. When the assault is against a child, it’s an unimaginable tragedy that will have far-reaching consequences. Children who are assaulted deserve to not only have their abuser prosecuted criminally, but also for their future to be protected. For that reason, speaking with a civil attorney after a child sexual assault to investigate the possibility of a personal injury claim is a crucial step to rebuilding a survivor’s life- and that of their family.
North Carolina law provides survivors of sexual abuse and their guardians with the right to seek compensation through a civil lawsuit. Injury claims involving children are often more complicated than a typical injury lawsuit due to the laws pertaining to minors. A sexual assault is traumatic to anyone, but the courts take extra precautions to protect child victims from re-traumatization and further impacts. Parents or legal guardians can file a civil lawsuit on behalf of their child, and in some cases, may even be able to bring a claim for their own emotional distress. If the survivor wishes to file the lawsuit independently, they must wait until they reach the age of 18.
The perpetrator of a heinous crime like sexually assaulting a child is clearly first and foremost liable for their actions. However, in many cases, multiple parties may have allowed or failed to prevent crimes against children. For example, a child abuse survivor reports inappropriate behavior to a teacher who fails to take action and is then assaulted, could argue that their assault could have been prevented by reporting the disclosure to the proper authorities. Proving liability can involve many forms of evidence, including:
In cases of institutional liability, such as a daycare, employees and supervisors may have crucial testimony about the circumstances leading up to abuse and assault. Even when liability seems clear-cut, insurance companies and defendants will fight tooth and nail to deny compensation to victims and their families. That is why hiring an experienced child sexual abuse attorney to file a lawsuit is a critical first step in obtaining justice.
Sexual assault can leave survivors with lasting physical and psychological injuries. For that reason, a victim of an assault can pursue damages of different types, including:
This category encompasses calculable financial losses, such as past and future medical bills, lost wages or earning capacity, and expenses related to medical treatment, including travel to appointments. In cases involving the sexual assault of a child, this might mean years of therapy and a change in future career plans due to the traumatic event.
Many losses in cases of sexual abuse are incalculable. For example, pain and suffering, emotional distress, depression, social anxiety, and issues within a victim’s family. The law recognizes that these harms are a real consequence of abuse and allows for the recovery of compensation even if you can’t quantify the damages.
This category of damages involves seeking compensation that serves as a punishment for the abuser. The amount of punitive damages you can pursue depends on a variety of factors, such as the degree of injuries, the nature of the crime, and the defendant’s financial resources.
A sexual abuse or assault lawsuit, especially when the victim is a child, is almost always complicated. Finding witnesses, identifying financial resources, and protecting the victim from further harm make it hard for a family to build a case on their own. Hiring an experienced child sexual abuse attorney can not only take the burden off of a devastated family, but also may increase the amount a victim can recover. In some cases, attorneys can identify personal financial means of the defendant that go beyond what an insurance policy provides.
Lead personal injury attorney Shawn Howard has recovered millions for his clients, including survivors of sexual abuse. In 2019, he recovered $1.1 million for a child who was sexually abused at a church-run daycare. Our sexual abuse attorneys provide experienced, compassionate, and personal representation for victims of sexual assault and their families. We accept most personal injury cases on contingency- that means you don’t pay unless we recover a verdict or settlement on your behalf. To schedule a free consultation, contact us today. We represent clients across the Carolinas from our offices in Charlotte, Raleigh, and Fayetteville.
North Carolina’s typical personal injury statute of limitations is three years from the date of injury. However, the state passed the SAFE Child Act in 2019, which allows filings until the age of 28, or 10 years. The clock on those limitations does not start until the survivor’s 18th birthday.
When a victim of abuse is denied justice in criminal courts, it can be a heartbreaking setback to their recovery. However, a not guilty verdict doesn’t mean a civil case is impossible. The standards to prove a civil case are different from those of criminal courts, and require that the plaintiff prove their case by a “preponderance of the evidence”. In other words, more likely than not, instead of “beyond a reasonable doubt.”
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