How Does a Sexual Abuse Lawsuit Work? | Jeff Anderson and Associates
Filing a sexual abuse lawsuit can feel overwhelming, especially if you have never been involved in a legal case before. While every case is different, understanding the general process can help you feel more informed about what to expect.
Many survivors begin by speaking with a trauma-informed attorney about their experience, legal rights, and available options. From there, the legal team can help guide them through each step of the process.
To learn more about this legal process and your legal options, contact us.
The First Steps in Filing a Sexual Abuse Lawsuit
The process typically begins with a confidential consultation. During this conversation, survivors can learn about their legal options, ask questions, and discuss how the abuse has affected their lives.
If a law firm determines there is a legal basis to move forward, the next steps may include gathering information, reviewing documents, evaluating potential claims, and discussing representation.
Filing a lawsuit starts with you contacting our firm for a free and confidential legal consultation. A trauma-informed advocate will discuss your legal options with you and learn about your experience of abuse and how it has impacted your life.
Our team will then take some time to evaluate many aspects of your potential lawsuit. If, after evaluating your potential lawsuit, we determine there is a “good faith basis to file a claim”, we will discuss a representation agreement and a general timeline regarding filing a lawsuit on your behalf. When we file a lawsuit it is filed publicly in court and we are not able to change that. However, we can file a lawsuit under a pseudonym, like John or Jane Doe, instead of using your name. That way your identity can remain anonymous and confidential when we file a lawsuit on your behalf.
What Happens After a Sexual Abuse Lawsuit Is Filed?
What is the Legal Process After I Sign Paperwork?
A legal case is initiated by a lawsuit or “complaint.” The complaint is filed in court. The filing of the complaint triggers numerous deadlines that the attorney has to meet to move the case forward. However, every case is different. If you decide to hire us as your attorneys, we will discuss a course of action that best suits you and your situation.
My Case is Filed. Then What Happens?
There are numerous deadlines that get triggered once a complaint (lawsuit) is filed. This may include your attorneys filing additional paperwork and you providing additional information to share with the other side. In some instances, an entity that gets sued in your complaint might file for bankruptcy. Your attorney and legal team will keep you apprised of the status of your case as it moves forward.
Throughout the process, your legal team should keep you informed about important developments, deadlines, and decisions that may affect your case.
To learn more about this legal process and your legal options, contact us.
Who Can Be Named in a Sexual Abuse Lawsuit?
Who Will My Lawsuit be Against? Will the Person Who Abused Me be Sued?
An individual analysis is done in every case to determine who and what entity/entities to bring the lawsuit against. If you contact our firm and we decide to work together, an attorney will explain this to you and make sure you understand who your lawsuit will be filed against.
Depending on the facts of the case, lawsuits may involve individuals, institutions, or organizations that knew about the abuse, should have known about it, or failed to take appropriate action to protect children.
What Happens if a Diocese or Religious Order Files Bankruptcy?
First, it’s worth clarifying what declaring Chapter 11 bankruptcy means. Unlike Chapter 7 bankruptcy, where the debtor liquidates business assets to pay its creditors (usually at the cost of maintaining business operations), Chapter 11 is a bankruptcy process in which the debtor maintains control of its business and property while the court supervises its restructuring and the implementation of a plan to repay creditors. In the vast majority of Catholic Chapter 11 bankruptcies, the diocese or religious order has declared bankruptcy on the eve of potentially embarrassing civil child sexual abuse trials or depositions.
Bankruptcy proceedings often create additional requirements and deadlines for survivors. Because every bankruptcy case is different, it is important to understand how those deadlines may affect your legal options.
If the diocese in which you were sexually abused files for bankruptcy, we will send you an email informing you of this update, as well as other information as to how this might impact your case. We will also be available to take phone calls if you have questions or wish to discuss the situation in more detail. Eventually, a claims bar date will be set. A claims bar date is the deadline set by the court by which all claims/lawsuits need to be submitted in bankruptcy court. Every bankruptcy case is different, but a sexual abuse survivor can anticipate the bankruptcy process will likely last multiple years before a resolution is officially reached.
We have decades of experience, exposing clergy child sexual abuse crimes and crimes in many other institutions such as in schools (public and private), camps, sports facilities, and Boy Scouts of America. Contact us for a free confidential conversation about how we can hold perpetrators and institutions accountable, and create a safer world for children now and in the future.
How Long Does a Sexual Abuse Lawsuit Take?
We cannot predict how long a lawsuit will take to reach a resolution. The typical length of a lawsuit can last, on average, anywhere from two to five years.
The length of a case can depend on many factors, including the complexity of the litigation, the number of parties involved, court scheduling, and whether bankruptcy proceedings affect the case.
Will I Have to Testify During My Case?
It depends. In most civil lawsuits, the person filing the lawsuit (the “Plaintiff”) has their deposition taken by the other side. This process typically takes place in a conference room with your attorney present. Not in a courtroom. The legal process may differ if an entity files for bankruptcy. Your legal team and attorney will discuss this with you well in advance of your testimony.
Your legal team should discuss this process with you well in advance and help you prepare for any testimony, deposition, or court appearance that may be required.
Coordinated Cases and Class Action Lawsuits
What Does it Mean if My Case is “Coordinated?”
A case coordination allows all the lawsuits to be managed by one judge instead of multiple judges in different counties. This makes the litigation process more efficient and ensures uniform application of the law across all cases within the coordination. This approach has been and is currently being taken in California. If you have further questions about this process, please contact us and we can address your questions and concerns.
Case coordination does not combine survivors into a single lawsuit. Instead, it allows similar cases to be managed more efficiently while preserving each survivor’s individual claim.
Are Class Action Lawsuits Bad for Survivors of Child Sexual Abuse?
Every survivor has a unique experience, and no two survivors were impacted by the sexual abuse in the same way. Every survivor that we represent has his or her own individual case. Our law firm does not file class-action lawsuits.
FAQs About Filing a Sexual Abuse Lawsuit
How do I start a sexual abuse lawsuit?
Most sexual abuse lawsuits begin with a confidential consultation with an attorney. During that conversation, survivors can discuss their experiences, learn about their legal options, and determine whether moving forward with a claim may be appropriate.
Can I file a sexual abuse lawsuit anonymously?
Yes, in many situations, survivors may be able to file a lawsuit using a pseudonym such as John Doe or Jane Doe. This can help protect a survivor’s identity while allowing the case to move forward.
How long does a sexual abuse lawsuit usually take?
Every case is different. While some cases resolve more quickly, others may take several years depending on the complexity of the litigation and other factors involved.
Will I have to go to court during a sexual abuse lawsuit?
Not necessarily. Some survivors may participate in a deposition, while others may never testify in a courtroom. The specific requirements depend on the circumstances of the case.