Suing for a case of sexual abuse is undoubtedly a challenging process, whether you are seeking damages for yourself or on behalf of your child. Thankfully, the vast majority of cases are settled out of court. This is in the best interest of all the involved parties. For the victim, it helps them achieve justice in a timely manner, and hopefully, move forward with their lives.
However, you need to recover an adequate amount of funds for the level of harm you or your loved one has suffered. That’s why you should never jump at the first offer you receive from the responsible party. It’s not impossible that the other side is willing to play fair and makes you a fair offer right away. In our experience, however, the initial offer is almost always below what the victim deserves, and it’s our job to negotiate maximum payment on behalf of our clients.
If you’ve received a settlement figure from the insurance company, you are probably debating the pros and cons of accepting the money. You may even feel pressured to do so depending on how long you’ve waited to get to this point. On top of that, your lawyer may be insisting that this is a good offer and you should take it before time runs out. Still, you can’t help wondering:
- Should I accept the settlement offer or should I reject and ask for more?
- How do I know if the offer is a good amount for my child based on what they’ve gone through?
- What can I do if I’m not sure about a settlement offer on my sexual abuse case?
- Should I get a second opinion on a case for my underage son / daughter?
The attorneys of Normandie are here to advise you of your rights and legal options. We have decades of experience in adult and child sexual abuse cases involving schools, religious organizations, workplaces, and many other entities. To speak with one a California sexual assault lawyer, contact us to schedule a free case review.
Should I Accept the Settlement Offer my Lawyer got me on my Sexual Assault / Abuse Case?
This question is difficult to answer if you lack the legal knowledge that’s needed to assess what can be recovered from a sex abuse lawsuit. In addition, you are emotionally vulnerable as an abuse victim, or the family member of a minor that was sexually abused. The physical and emotional strain of filing a lawsuit can make anyone rush for the first offer that’s made by the offending party. Insurance adjusters know this, and it’s your lawyer’s job to protect you from their tactics.
Sadly, some lawyers put their own needs above those of their clients. They want to close out a case as fast as possible and move on to the next one. Or, they want to settle your case and focus their attention on bigger, more media-worthy lawsuits. Whatever the reason, the client is left without the attention and guidance they deserve. As a result, they agree to settlements that they end up regretting in the long run.
However, there is something you can do if you’re not sure about a settlement offer. A second opinion from another attorney can help you make an informed decision regarding your sexual abuse lawsuit. But what is a second opinion, and how does it work if you’re in the middle of a sexual assault case?
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What is a Second Opinion?
Have you ever gone to another doctor because you’re not sure about a diagnosis or treatment plan that was recommended to you? A second opinion from a lawyer works the same way, and there are many reasons to seek advice from an alternate attorney. Settlement offers are probably the number one topic that we discuss at second opinion consultations. If you are in this situation, one of our lawyers will be happy to review your case and provide you with their assessment of what your claim is worth. They can also advise you on the pros and cons of settling, as the choice is ultimately yours, and the steps they will take if you want to negotiate a higher settlement.
But there are plenty of other reasons to seek a second opinion. Here are the issues that come up most frequently during our consultations:
- I can’t get in touch with my lawyer, and I have no idea what’s going on with my case!
- Why is it taking so long to settle my sexual assault case?
- The mediation for my lawsuit didn’t go well; am I stuck with my lawyer at this point?
- If I switch my lawyer, what are the consequences?
In particular, people are interested in the possibility of continuing their lawsuit with a new attorney. You have the right to fire your lawyer at any point in the lawsuit process. In fact, it may be necessary to ensure a favorable outcome in your case. To figure out the best course of action for you and your loved ones, schedule a free second opinion with the sexual abuse attorneys of Normandie.
Should I get a Second Opinion on my Case?
Even if it’s your right to speak to another attorney, you may be asking yourself if a second opinion is worth it. Would getting a second opinion make things awkward with your current lawyer? Will you be pressured into signing on with a new law firm? These are legitimate concerns, but we want to assure you that our second opinions are completely confidential. If you choose to remain with your current law firm, there is no need to worry about them finding out that you came to us for advice.
Another concern that people have is aggressive sales tactics, where they feel pressured to sign up with the firm in exchange for a second opinion. This goes against everything we stand for, and we advise that you stay away from attorneys that engage in such behaviors. Our job is to provide you with clarity on issues that you are struggling with, like whether or not you should accept a settlement offer. If you decide that switching your lawyer is the best option, then we are happy to take care of the transfer process and get to work immediately on negotiating your settlement. If not, we are happy to have helped you with the advice and attention you deserve. Our second opinions are free either way, so please give us a call and schedule a time to come by and see us.
Schedule a Free, No- Obligation Second Opinion
Legal advice and guidance on your case is just a phone call away, so please take the chance of scheduling a second opinion with one of our attorneys. In the meantime, we hope the information below will be helpful to you.
What is the average value for cases of sexual abuse / assault?
Sexual abuse cases, especially those involving sexual assault, can be worth $1 million or more. Generally, the highest settlements are obtained from large private organizations or public entities, such as public schools, colleges, major corporations, government agencies, and religious organizations (Catholic Church, Jehovah’s Witnesses, etc.). Additionally, childhood sexual assault claims are the most valuable, generating settlements and verdicts that can exceed $5 million. If gross negligence, such as a cover up of the abuse, is involved, the total damages may be anywhere from $5 million to $10 million and above.
Hiding or destroying evidence of sexual abuse can triple the amount of damages that are awarded to a victim under California’s Assembly Bill 218. The law states that a victim “may recover up to treble damages against a defendant who is found to have covered up the sexual assault of a minor,” meaning they can be awarded 3 times the normal amount of compensation. When you look at it that way, it’s easy to see why some of these cases bring in multi-million dollar payouts.
How long does it take to settle these cases?
This is a very important question when it comes to sexual assault cases. The abuse you suffered is not something you want to relive for years down the road, and we understand how you want to put all this behind you as soon as possible. That’s precisely why you’re struggling with the question of “Should I accept the settlement amount my lawyer got me on my sexual assault case?”
If at all possible, our goal is to settle your case within 6 months. But much of the timeline for a sex abuse lawsuit depends on the other party’s cooperation. There may also be legitimate issues on our end that can take months to resolve. Thus, it may be 12 or 18 months in total before you receive your payment. That timeline, by the way, refers to cases that can be negotiated without court intervention. If a lawsuit, and possibly a trial, is the only way to recover your damages, the legal process can take two years or longer.
What is the deadline to file a sexual assault lawsuit?
If you were an adult (18 or over) at the time of the abuse, the statute of limitations to file a sexual assault lawsuit is 10 years from the date of the last incident. If you are seeking compensation for sexual abuse you suffered as a child, there are two timelines you can use:
- Up to 22 years after the victim turns 18 (40 years old).
- Within 5 years of discovering the “psychological injury or illness…caused by the sexual assault.”
Your SOL to file a lawsuit depends on whichever date comes later. These guidelines are established in Assembly Bill 218 (AB-218), which was passed several years ago. Aside from extending the amount of time for childhood sex abuse cases, there is 3-year look back window for victims who had previously exceeded the statute of limitations. Thus, even if your right to damages expired as of January 1, 2020, you may still be eligible for compensation under the new law. However, you must act quickly, since the three-year window will end on December 31, 2022. To ensure that you receive justice from the parties that have wronged you, contact our law firm without delay.
Advice from a Lawyer Experienced in Sexual Abuse Cases
Advice from a qualified attorney is essential when you are seeking justice as a victim of sexual abuse. Even if you have an attorney, a second opinion is highly recommended if you need to verify what your current lawyer is telling you. The experts of Normandie are here for you if you’re unsure about the settlement offer you received for a case of sexual abuse. Or, maybe you haven’t filed a claim yet, but you need advice about your legal rights. We can also assist you with a completely free, no-obligation case review at our office.
If you wish to retain one of our attorneys, there is no cost to you whatsoever under our Zero fee guarantee. All our expenses are put off until the end of your case when you receive your settlement award. If we don’t win your case, you won’t be charged for a single penny of our expenses. As you can see, there is no harm in contacting our office and scheduling a free consultation. Call Normandie Law Firm and find out about the legal actions that are available to you.
Other Pages on Our Website Related to This Topic
What Is the Average Value of a School Sexual Abuse Case?
Sexual Abuse in After School Programs Lawsuit Attorney
Maclaren Hall Sexual Abuse Class Action Lawsuit Information – Child Sex Abuse Attorneys
