Filing a child sexual abuse lawsuit is a deeply personal decision. Survivors often come forward years after the abuse occurred, once they feel ready to confront what happened. Civil lawsuits can provide a path toward accountability for those who committed the abuse or failed to prevent it.
An experienced Tacoma child sexual abuse attorney can handle every aspect of filing your claim. The sections below discuss the process your lawyer will generally follow.
Gather Evidence for the Claim
The first step in preparing a child sexual abuse lawsuit in Washington State is gathering evidence that supports the survivor’s claim. Evidence can come from a variety of sources and may include documents, testimony, and records that demonstrate how the abuse occurred.
Common forms of evidence may include:
- Medical or counseling records
- Prior complaints against the abuser
- Witness testimony from individuals who observed suspicious conduct
- Employment or supervision records from institutions
- Internal reports or investigations
In many cases, institutions may have records showing that complaints were previously made about the abuser. Obtaining these records can help establish negligence and highlight institutional liability.
Identify Liable Parties and Whether an Institution Shares Liability
Once an attorney investigates the facts, the next step is identifying everyone who may be legally responsible for the abuse. The individual perpetrator is directly liable for abuse they committed. However, institutions that failed to prevent the abuse through proper safety protocols and employee oversight may also share liability.
Potential institutional defendants that may bear liability include schools, religious organizations, youth programs, or childcare providers that allowed the abuse to occur. An experienced attorney will examine the institution’s hiring practices, supervision policies, and complaint records to determine whether the organization failed to protect children under its care.
Track and Calculate Your Damages
A sexual abuse claim must account for the full extent of harm the survivor has experienced. Many survivors require long-term counseling and mental health treatment as they process the trauma of abuse.
An attorney help identify and calculate damages such as:
- Therapy and counseling costs
- Medical treatment expenses
- Medications
- Lost educational or career opportunities
- Pain and suffering
- Emotional distress and mental health disorders
- Loss of quality of life
Accurately documenting these damages helps ensure that the claim reflects the true impact of the abuse. An attorney can even work with financial and medical specialists to help pinpoint the value of the abuse claim.
Send a Demand and Enter Negotiations
Once an attorney evaluates the evidence and establishes a survivor’s damages, they may send a formal demand letter to the responsible parties or their insurance companies. This demand outlines the facts of the case and the compensation sought by the survivor.
Some claims may resolve through negotiation if the defendant agrees to a fair settlement. However, institutions or insurers often dispute liability or attempt to minimize the survivor’s damages.
File a Lawsuit in Court if the Defendant Refuses to Settle
If negotiations do not lead to a fair resolution, the next step may be filing a civil lawsuit in court. Litigation allows the survivor to pursue compensation through the legal system, before a judge and/or jury. An experienced attorney can handle every stage of this process, from investigations and initial court filings to discovery requests and presenting evidence in court.
If you are considering filing a child sexual abuse lawsuit in Washington State, an experienced Seattle child sex abuse lawyer can evaluate your case and guide you through every step of the process. Contact Darrell Cochran Personal Injury Lawyer to schedule a free consultation to discuss your case.