Since the early 2000s, the Roman Catholic Diocese of San Diego has been dealing with a wave of lawsuits from adult survivors of child sexual abuse. The initial lawsuits came shortly after an investigation by the Boston Globe in 2002. Their findings uncovered many years of concealment, bribes, transfer of accused priests, and other actions that were used to brush incidents of sex abuse by church officials under the rug.
A new wave of lawsuits took place in 2020, when the California legislature created a 3-year lookback window on cases that were expired according to the statute of limitations for sexual abuse lawsuits. The law gave victims three years to bring forth a legal case, regardless of how long ago they were abused. Since then, more and more people have come forward to add their name to the list of victims.
Are you an adult survivor of sexual abuse during childhood by a member of the San Diego Diocese? Whether you have an active case or you are interested in filing a lawsuit, you may be in need of financial assistance while you wait to receive your settlement. If so, perhaps you have wondered about the option of asking your lawyer for a pre-settlement loan.
Can I get an Advance on the Case from my Lawyer?
Yes, attorneys in California are allowed to provide loans against a pending lawsuit to their clients. Thus, if you are eligible for a sexual assault case against the Diocese of San Diego, we will happily meet with you to discuss the possibility of an early settlement loan.
These cash advances are permitted by the State Bar of California, as long as you are already a client of the firm that’s lending you the funds. In addition, the lawyer must have the client sign off on a written contract for the loan. This will ensure that the client has a clear understanding of the loan terms and conditions.
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How Big of an Advance can I Get on My Case?
The amount you can receive from a pre-settlement cash advance is based on various elements that are specific to your case. These include your case value, as the amount you are borrowing must be based on how much you stand to recover from a lawsuit. Figuring this out requires a full understanding of your case, which will allow us to determine how much you are entitled to for medical expenses, pain and suffering, lost income opportunities, and other monetary losses. That’s why we invite you to contact us and schedule a time to speak with a sex abuse lawsuit attorney at our office.
What about Cash Advance Lawsuit Loans from a Private Lender?
There’s nothing to stop you from looking into private lawsuit funding companies if you’re having trouble making ends meet as you wait for a settlement. These loans sound like a great idea, as you can receive a large sum of money in a relatively short amount of time. Repayments don’t start until you win your case, so there’s no need to worry about calls and letters from creditors.
But here’s what can happen when a private lender offers you a cash advance against the projected value of your settlement. The interest rates are quite reasonable in the beginning, but they accrue over time. This is not such a big deal if you are compensated by the Roman Catholic Diocese of San Diego within the first year. But these are complicated lawsuits, and it takes most victims quite a bit longer to receive payment from a claim for sexual abuse.
Based on how long it takes to resolve your case, the interest rate on your pre-settlement loan may be as much as 30 to 60%. So even if you end up with a hefty settlement, you may lose a good chunk of it to a lawsuit funding company. That’s why some of these lenders have been described as “predatory” by consumer advocacy groups, similar to payday loan companies.
Again, this is not a condemnation of lawsuit funding companies, which may work out for some people. Our job is to inform you of other options, like asking for a cash advance from your lawyer if you are suing for sexual abuse by a member of the Catholic Diocese of San Diego.
My Law Firm Won’t Give me an Early Settlement Loan – What can I Do?
Unfortunately, this is a situation that many victims run into if they are struggling financially due to the effects of sexual abuse during their childhood. To be fair, a law firm has every right to refuse a cash advance to their clients, which they may consider a conflict of interest.
We respect any firm’s decision on whether or not to provide cashes advances to their clients. However, you have the right to choose a firm that is there for you in every possible way, including financial assistance as you wait to receive payment from a Catholic Church sexual assault lawsuit. In addition, you are allowed to find new legal representation any time you want during the legal process.
It’s important to note that firing your lawyer and continuing your case with a new law firm is a big decision, with various consequences. Some of these are worthwhile, as it will improve your chances of winning a claim for sexual abuse by a priest or another member of the Catholic Church. But other circumstances may cause you to stay with your old law firm, which is perfectly fine, as the promise of a cash advance should not be the only factor in switching to another law firm.
Our job is to help you make the possible choice for yourself and your loved ones. With that in mind, please contact us and schedule a free second opinion consultation if you have an existing San Diego Diocese Catholic Church sex abuse case.
Average Value of a San Diego Diocese Roman Catholic Church Sexual Abuse Claim
You are probably used to seeing multi-million dollars settlements in the news on behalf of those who were abused by Catholic Church officials. Indeed, cases of child sexual assault are generally high value cases that result in 6 to 7 figure compensation awards. There are even claims resulting in settlements of $500 million or more, though you have to consider that these are class actions filed by many victims at the same time.
Most payments that are issued to adult survivors of child sexual abuse range between $500,000 and $2,000,000. The total amount that’s awarded depends on many factors that are unique to each victim. That’s why you should discuss the details of your case with an experienced sexual abuse lawyer as soon as possible.
How Long Does it Take to Settle a Catholic Church Sexual Abuse Lawsuit?
We mentioned before these are complicated lawsuits, and there are many reasons as to why these cases take longer to settle than the average personal injury claim. First and foremost, any organization – especially religious groups – will fight to deny accusations of child abuse. Granted, the Catholic Church has softened in its stance due to the sheer volume of cases over the years. Still, they are very careful in scrutinizing each claim and looking for loopholes to invalidate a victim’s right to compensation.
Working through these issues can take anywhere from 6 months to several years. Cases that took place many years ago may take longer to resolve than recent cases, due to the challenges in obtaining evidence. However, many of the current cases against the Dioceses of San Diego are from several decades ago, so justice is possible even for claimants who were sexually abused 10, 20, or 30 years ago.
To learn more about the settlement process for a Catholic Church sexual abuse lawsuit, please give us a call at your earliest convenience.
How Much Time Do I have to File a Lawsuit?
In 2019, California passed a landmark bill known as AB-218, which gave adult survivors of child sexual abuse additional time to pursue a legal case. Essentially, victims have up to 22 years after turning 18 to file a lawsuit (40 years old). The statute of limitations can also be based on the date of discovery, which is essential for child victims, who do not realize what has happened to them until much later in their life. Under Assembly Bill 218, you have 5 years from the date of discovery to sue the San Diego Diocese for the sexual abuse of a minor.
This is an important topic to discuss with a lawyer that’s experienced in child abuse claims against religious organizations. Don’t hesitate to contact us at our law firm if you would like to verify the amount of time that’s left to file a childhood sexual assault injury claim.
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Coming to terms with molestation and other acts of sexual abuse during childhood takes time and effort, and sadly, some of the scars will never go away. But legal action to publicly out the individuals that harmed you is one of the ways you can start to heal and move forward.
That’s why our lawyers are so passionate in their commitment to sexual assault victims. We understand that a lawsuit isn’t going to make up for the abuse you suffered. However, sexual predators and the organizations that protect them must be brought to account and made to pay for what they did.
To decide if a Catholic Church sexual assault lawsuit is right for you, please take some time to speak with a member of our legal team. If you decide to work with us, you won’t be responsible for any of our expenses. Under a contingency-fee policy known as the Zero Fee Guarantee, there’s no upfront cost to you for hiring us. All legal fees are covered by the Diocese of San Diego and paid out at the end of your case. That means we make absolutely nothing unless we win your case.
For more information on how we can help you, including a cash advance on your San Diego Diocese sex abuse claim, contact us today.
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