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How to File a Case

How to File a Case

Levy Konigsberg (LK) has obtained million-dollar verdicts in settlements and judgments for victims of sexual abuse. In many cases, the sexual abuse occurred years or even decades ago when the victim was a child. We represent survivors of abuse who were victimized by Catholic clergymen, teachers, physicians, Boy Scout leaders, and other organizations. Recent changes in the laws in New York, New Jersey, and many other states, now enable those who suffered sexual abuse to bring civil claims that were previously barred by the statute of limitations. At LK, our expert attorneys are committed to guiding you through each and every step of the litigation process in a warm and compassionate environment where your comfort and privacy are of paramount importance.

Civil Claims for Sexual Abuse

If you or a loved one have been sexually abused, bringing a civil lawsuit allows you to recover monetary compensation to redress your injuries. The amount of damages you can receive in a civil lawsuit depends on the facts of your particular case. Regardless of the specific of your case, damages for sexual abuse are intended to compensate the survivor for the psychological, emotional, and physical pain and suffering resulting from the abuse.

Standard of Proof

Unlike a criminal case where the burden of proof to establish guilt is beyond a reasonable doubt, a civil claim for sexual abuse requires the claimant to show that the perpetrator was negligent and was responsible for the harm by a preponderance of the evidence. The standard to prevail in a claim in a civil suit is therefore much lower than in a criminal action for sexual abuse.

Liability for Sexual Abuse

Liability for sexual abuse many not be limited to the perpetrator alone. In many instances, the perpetrator was under the supervision or control of another entity such as a religious body, school, hospital, or recreational organization. The supervising body can be found negligent for failing to monitor the perpetrator or not taking the appropriate steps to investigate and curtail the abuse. These parties can ultimately be held liable for damages and are typically in a better financial position to compensate victims for their injuries.

Statute of Limitations for Sexual Abuse Claims

The statute of limitations is the maximum amount of time that one has to file a claim from the time that the damage occurred in a civil lawsuit. In sexual abuse cases, the statute of limitations was historically a significant impediment since the abusive conduct often occurred many years before the victim was able to report it. Research indicates that many people who experience sexual abuse in childhood do not disclose the abuse until they are adults. Many state legislatures have realized that the statute of limitations for sexual abuse was inadequate to allow survivors to redress their claims. Now, survivors in those states are no longer legally precluded from initiating lawsuits based on the age of their claims.

Settlement or Trial?

The decision to settle your claim or go to trial will depend on the particular facts and circumstances of your case. Regardless of whether your case is settled or you receive a judgment in court, we will advocate for your legal rights until the matter is resolved.

If you or a loved one has been sexually abused, Levy Konigsberg can help you get the compensation you deserve for your injuries. We have recovered millions of dollars for our clients of sexual abuse. We welcome you to call today for a free and confidential consultation with attorneys at our firm specializing in sexual abuse cases. Please call 1-800-225-9825 or submit an email inquiry above.

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