Understanding Damages in California Sexual Abuse Cases: What Compensation Can You Pursue?

It is hard to overstate the heavy burden carried by many survivors of sexual abuse. In addition to the physical and emotional trauma associated with sexual violence, many survivors also find themselves shouldering unexpected financial strain as the result of the trauma. While no amount of money can erase the pain of sexual abuse, civil lawsuits offer survivors a powerful vehicle for seeking justice and holding abusers accountable.

In California, the civil legal system allows survivors to pursue claims for a range of damages related to both the immediate and long-term harm associated with their abuse. Let’s take a closer look at the types of damages available to survivors of sexual abuse under California’s civil system and discuss how an experienced attorney can fight for compensation to the fullest extent of the law.

What are civil damages?

Damages in a civil lawsuit are designed to (a) compensate survivors for the harm they’ve endured and (b) hold the responsible parties accountable. Unlike criminal cases – which are focused on punishing the defendant with jail time or other consequences – civil cases focus on compensating survivors for the personal and financial costs associated with their abuse.

Here’s a quick overview of the kinds of damages most commonly awarded in civil sexual abuse cases:

Economic damages

Economic damages are meant to compensate survivors for the measurable, financial losses that resulted from their abuse. These can include both past and future expenses like medical bills, therapy costs, medication expenses, lost income and loss of future earning capacity.

Non-economic damages

In addition to the physical harm associated with sexual abuse, some of the most profound consequences of sexual trauma are emotional and psychological. Non-economic damages are intended to compensate survivors for the emotional toll of the harm they endured both during the abuse and in the years that followed.

Punitive damages

Under California law, survivors in some cases may also be entitled to punitive damages from their abuser. Punitive damages are intended to punish an abuser or other negligent party for particularly egregious or reckless behaviors and to deter similar conduct in the future.

Plaintiffs in sexual abuse cases may be entitled to any or all of the compensatory damages outlined above, depending upon the specific facts of their case. An experienced sexual abuse attorney can help survivors determine what kinds of damages are most appropriate in their case and handle the tasks associated with crafting a compelling case for compensation.

Damages in institutional abuse cases

According to one study, nearly 10% of all childhood sexual abuse was perpetrated against a child by an adult in a position of power. These authority figures are often employed by larger institutions like schools, religious organizations, healthcare facilities and youth programs, which means there is often an institutional component to sexual abuse. Even adults may experience sexual abuse at the hands of authority figures and find themselves facing bureaucratic challenges when fighting for accountability.

When an institution is found to have enabled, ignored or covered up abuse, they can be held civilly liable for the resulting harm under California law. This is especially important in situations where the abuser lacks the financial resources to provide meaningful compensation or when a survivor’s harm was substantially compounded by the institution’s failures.

In some cases, courts may award punitive damages when institutions knowingly concealed abuse or acted with egregious misconduct. These damages are meant to punish wrongful behavior and deter future misconduct. These damages serve as a stark deterrent to institutions that might otherwise attempt to shirk accountability for the harm caused by their representatives.

How are damages calculated?

Every case is unique, and the amount of compensation survivors receive can vary based on several key factors. Some of the factors commonly taken into account by the court include:

• The severity and duration of the abuse
• The survivor’s age at the time of the abuse
• The emotional and psychological impact of the abuse
• Whether the abuse caused long-term health or career setbacks
• Whether the defendant or institution has a history of abuse
• The availability of evidence and witnesses

While economic damages tend to be more straightforward to calculate, it is more challenging to put a price tag on the emotional toll of sexual abuse. An experienced California sexual abuse attorney can help you evaluate all of the economic and non-economic costs of the harm you endured and put together a reasonable, appropriate claim based on the details of your unique circumstances.

In California, there are no caps on the amount of damages that can be awarded to plaintiffs in civil sexual abuse cases. This empowers survivors to advocate for the full amount of compensation they deserve and walk away from a case better equipped to move forward in their healing journeys.

Is it too late for me to file a claim?

Even if the abuse occurred long ago, you may still be eligible to pursue damages in California. For childhood sexual abuse that occurred before January 1, 2024, California law allows survivors to file a civil claim until age 40, or within 5 years of discovering that the abuse caused harm, whichever is later (Cal. Code Civ. Proc. § 340.1).

For abuse that occurred on or after January 1, 2024, California eliminated the civil statute of limitations entirely.

An experienced attorney can help determine which statute applies to your case and whether you’re still within your legal rights to seek justice through a civil lawsuit.

Contact a California sexual abuse attorney today

If you’re considering filing a civil lawsuit for sexual abuse, understanding the types of damages you may be entitled to is an important first step. An experienced, compassionate sexual abuse attorney can help you gain an even clearer picture of the compensation options available to you based on the facts of your case and help you navigate the legal system with more ease and confidence.

You deserve to be heard, to be believed and to be compensated for the full impact of your experience, without being expected to re-traumatize or over-exert yourself. Contact Taylor & Ring today for a free, confidential consultation. We’re standing by to learn everything we can about you and your case and to help you take the next steps towards pursuing the justice you deserve.