School districts are entrusted with the care and safety of our children on a daily basis. Their duty of care includes protecting students from predatory teachers and notifying parents immediately when there is an accusation of sexual abuse. School administrators must also cooperate with law enforcement and legal representatives to ensure that victims receive the justice they deserve. Justice can come in the form of criminal prosecution, since sexual abuse is a crime. It can also come from monetary compensation in the form of a school sexual abuse lawsuit.
Of course, no amount of money can take away the pain of being sexually abused by a teacher. However, healing from sexual abuse is a long and costly process for many victims, who often require years of therapy and medical treatments. These methods don’t come cheap, which is why the law allows you to sue for compensation. That’s the mindset of most parents and victims when they first come to see us. They have many questions about the lawsuit process, including:
“How long do I have to wait before the case is settled?”
It’s understandable that parents and victims want to settle abuse claims as soon as possible. And there are cases that settle in a matter of months without going to court, thereby sparing the student of further trauma. Sadly, many school districts will do everything they can to deny liability in a case of school sexual abuse. Therefore, it’s impossible to say exactly how much time will pass before a claim for sexual abuse is settled. However, we can give you an outline of the settlement process and the amount of time that is typically spent in this area.
For specific information based on your own case, contact the school sex abuse attorneys of Normandie Law Firm.
Our Recent Verdicts and Settlements
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“What counts as sexual abuse?
We get this question a lot in our practice from parents who are unsure if they can take legal action against a teacher. Over the years, there has been great progress in recognizing the various acts that count as sexual abuse. However, there is still confusion over what it means to commit a sex crime against a minor. To help you understand this issue, here are the categories of school sexual abuse and what they entail:
- Sexual assault: any form of assault of a sexual nature, including rape, groping, kissing, and fondling. Molestation, such as fondling and coercing a minor to engage in sexual touching also counts as sexual assault.
- Sexual relations with a minor: “minor” is defined by the age of consent in each state, which can range from 16 to 18. Anyone engaging in sex with a minor (statutory rape) can be charged, even if the minor is a willing participant.
- Sexual misconduct: A term used to describe a wide range of inappropriate acts, including sexual comments, sending sexual messages and photos, solicitations for sex, and more.
- Exposing Minors to Sexual Material: exposing underage individuals to pornography, masturbating in front of them, and other inappropriate acts.
Many children are afraid to come to their parents or another adult and say that they’re being sexually abused. However, you may sense that something is wrong with your child or come across inappropriate messages, photos, etc., that cause you to suspect some form of sexual abuse. It’s imperative that you act right away if you believe your child is being sexually abused. Even one sexually inappropriate act with a teacher can leave an individual confused and scarred for life. Catching these perpetrators early and getting the student help as soon as possible is the best way to prevent life-long trauma. Along with counseling, legal action against the attacker can also bring healing and help the victim move forward. That’s why it’s important to speak with a school sexual assault lawyer and find out about your legal options.
Average Time to Settle a School Sexual Abuse Case
For a sexual assault case against a teacher to settle, both sides must agree on a compensation amount. The negotiation process begins after your lawyer calculates the amount of money required for you or your child’s recovery. That information is sent to the school district, and they can respond with payment or a counter-offer that they feel is more appropriate. Many cases are settled through negotiation, in which case, a lawsuit does not need to be filed. While there is no deadline for the negotiation process, offers and counter offers may be exchanged over a period of several months.
However, if negotiations go on for too long or the school district refuses to admit liability, you will have no choice but to file a lawsuit. In that case, it could take more than a year to resolve your case, especially if you end up going to trial. But trials are very uncommon in school sexual abuse cases, considering how expensive and time consuming that would be for the school district. Before a trial date is scheduled, the court will most likely order a settlement conference so you can make one last attempt to settle your case. Around 95 percent of school district lawsuits are settled during this process, commonly known as mediation or alternative dispute resolution. If you fail to agree on a compensation amount, only then will you go to trial, which can take anywhere from a few days to a few months.
As you can see, there are many factors that will affect the amount of time that is needed to settle your case. There are many obstacles along the way, and families of victims often find themselves overwhelmed by the lawsuit process. Hence, it’s crucial to have a qualified school sex abuse lawyer on your side.
The lawyers of Normandie have many years of experience wining compensation for sexual abuse victims. Contact our office and find out how you can take action against the school district.
Can I Switch Lawyers in the Middle of My Case?
If you’re reading this article, there’s a good chance that you have an attorney but you’re not happy with their work. You may be dissatisfied with their lack of communication or progress in your case. Perhaps you’re seeing red flags that indicate their lack of experience with sexual abuse cases or lawsuits against school districts. These are concerning issues, and you should not wait to confirm your suspicions.
In California, a sexual abuse victim can switch lawyers at any point in their case. Frankly, it’s better to do this early in the claims process before you’ve invested too much time with a lawyer you don’t trust. However, it’s possible to transfer your case to another law firm at any point in your lawsuit. But there are consequences for ending a contract with your lawyer, so it’s best to get a second opinion from another attorney.
At Normandie Law Firm, we believe that victims of sexual abuse should have high quality legal representation, regardless of their finances. That’s why we offer free second opinions for those who are unhappy with their current attorney. During a free consultation, we will review your case to make sure your lawyer is doing their job. We can also go over your contract and advise you on the terms for switching to another law firm. This will help you make an informed decision regarding your legal representative, thereby giving you the best chance for winning your case.
Call us today and schedule a free second opinion with one of our attorneys.
Our Zero Fee Guarantee
As we stated above, a victim of sexual abuse should never have to pay to receive the monetary award they’re entitled to. Under our Zero fee guarantee, you will never be charged for any of our services, starting from your initial consultation. Once we win your case, we recover our fees directly from the responsible parties. If we lose your case, you still owe us nothing, since “We don’t get paid unless you do.”
Our Zero fee guarantee includes free second opinions if you have an attorney but feel they’re not looking out for your interests. If you decide to change over to us, we will take care of all the necessary details, like notifying the court that you have changed counsel, and working out a contingency fee agreement with your old attorney. If your child has been sexually abused at school or you are the victim of school sexual abuse, please give us a call and let us fight for your rights.
Our lawyers look forward to helping you in your journey to recovery. We work with students and parents in all parts of California, including the following school districts:
- Los Angeles Unified School District
- San Diego Unified School District
- Long Beach Unified School District
- Elk Grove Unified School District
- San Francisco Unified School District
- Corona- Norco Unified School District
- San Bernardino City Unified School District
- Capistrano Unified School District
- Santa Ana Unified School District
- Clovis Unified School District
- Sacramento City Unified School District
- Kern High School District
- Garden Grove Unified School District
- Riverside Unified School District
- San Juan Unified School District
- Sweetwater Union High School District
- Stockton Unified School District
- Poway Unified School District
- Irvine Unified School District
- Fontana Unified School District
- Oakland Unified School District
- Fremont Unified School District
- Moreno Valley Unified School District
- San Ramon Valley Unified School District
- Mt. Diablo Unified School District
- Bakersfield City School District
- Anaheim Union High School District
- Visalia Unified School District
- San Jose Unified School District
- Lodi Unified School District
- West Contra Costa Unified School District
- Temecula Valley Unified School District
- Desert Sands Unified School District
- Chino Valley Unified School District
- Saddleback Valley Unified School District
- Orange Unified School District
- Glendale Unified School District
- Twin Rivers Unified School District
- Rialto Unified School District
- Placentia-Yorba Linda Unified School District
- Montebello Unified School District
- Manteca Unified School District
- Chaffey Joint Union High School District
- Tustin Unified School District
- Murrieta Valley Unified School District
- Chula Vista Elementary School District
- Torrance Unified School District
- Pomona Unified School District
- East Side Union High School District
- Palm Springs Unified School District
- Hemet Unified School District
- William S. Hart Union High School District
- Downey Unified School District
- Hesperia Unified School District
- Antelope Valley Unified High School District
- Colton Joint Unified School District
- Fairfield-Suisun Unified School District
- Lake Elsinore Unified School District
- San Marcos Unified School District
- Redlands Unified School District
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