Damages For Sexual Abuse Injury Claim, And Who Should Pay Them
Posted on: 26 January 2018
Aside from facing a criminal case, a sexual abuse perpetrator may also face a civil case (in pursuit of injury damages) from the victim. If you are pursuing such a case, here are some of the damages you should include in your quest:
Physical Injury
Although sexual abuse doesn't always involve physical injuries, some do result in physical injuries, and it is not just about rape. For example, you can get injured if a sexual predator slaps you or pushes you; you can even get injured while trying to run away from the perpetrator. All these physical injuries will require treatment, and you can claim the damages from the defendant.
Pain and Suffering
Pain and suffering is usually an integral part of most personal injury claims; in some cases, pain and suffering are automatically assumed to b present while in others, the victim must prove pain and suffering. Everyone will agree that sexual abuse is one of the most emotionally and psychologically torturing experiences one can ever face, so you need to be compensated for your pain too.
Counseling
As explained above, sexual abuse victims face not only physical but also emotional and psychological injuries. This is why psychological therapy is an integral process of sexual abuse treatments; at the very least, the victim should get appropriate counseling. Even though there may be organizations that offer free counseling services to sexual abuse victims, sometimes you may still have to pay for the treatments.
Lost Wages
If you have been sexually abused, it's is inevitable that you will miss some days of work. The number of missed days will depend on different factors such as the extent physical injuries, the level of required counseling, and your feelings, among other things. This means you will lose some earnings or some earning opportunity until you are ready to go back to work. Since that is money you wouldn't have missed without the defendant's actions, they should compensate you.
When a drunken motorist crashes into your car, their auto insurance company pays your damages. Who pays your damages if someone sexually abuses you? Here are some of the potential sources of funds for your damages:
The Defendant's Employer
If the defendant acted in the course of their employment, then you may use vicarious liability to get their employer on the hook for your damages.
The Defendant's Home Insurance
Insurance companies generally don't cover these kinds of intentional acts. However, if you can prove that the attack occurred in the defendant's home due to negligent supervision, you may succeed in getting the home insurance company to pay the damages. A good example is when a mentally ill person attacks you in their parent's home. In this case, you can use negligent supervision to get the home insurance coverage to settle the damages.
The Defendant's Personal Assets
Lastly, you may also go after the defendant's personal assets, such as their bank accounts or real estate property, to pay for the damages.
Contact an attorney for help.
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