If you are a survivor of sexual abuse, then you may be entitled to compensation. In addition to a potential criminal investigation against the person who harmed you, you could bring a civil claim to recover compensation for the injuries and damages that you suffered as a result of the assault.
It can be difficult for claimants to think about pursuing legal action after a sexual assault. To help ease this process, consider hiring a Cincinnati sexual abuse lawyer to represent you. The Fitch Law Firm LLC offers a free consultation to learn more about your situation. This consultation is confidential, and there is no obligation to work with us. Call now to schedule your appointment.
Understanding Sexual Abuse
Sexual abuse includes a wide variety of acts, according to the Centers for Disease Control and Prevention (CDC). It generally refers to any sexual act in which consent was not given freely, and it can include sex trafficking. The CDC reports that over one in three women and around one in four men have experienced some kind of sexual violence during their lifetime.
Here are some examples of acts that constitute sexual abuse:
- Rape
- Unwanted touching
- Indecent exposure
- Constant harassing
- Mental coercion to perform or engage in sexual acts
- Disseminating child pornography
There are other ways that sexual abuse occurs. This is not an exhaustive list. Survivors of sexual abuse often face serious mental, emotional, and physical injuries. These may last a lifetime for some individuals, even with intensive treatment. The effects can include:
- Anxiety
- Depression
- Eating disorders
- Sudden changes in personality
- Withdrawing from society
- Post-traumatic stress disorder (PTSD)
- Issues engaging in intimacy
- Sleep disorders or disturbances
- Stress-induced physical conditions
It is important to receive treatment if you are the survivor of sexual abuse. This can help to limit further suffering while also creating a record of the injuries and outcomes that you are facing as a result of the abuse. Such records can support your claim for compensation if you decide to pursue legal action against the person who hurt you.
Call The Fitch Law Firm LLC to schedule a free consultation. Whether you are ready to take action or simply want more information about your options, we are here for you.
For a free legal consultation with a sexual abuse lawyer serving Cincinnati, call 614-545-3930
Hold an Abuser Responsible
Proving that someone is responsible for a sexual abuse injury is different in a civil case compared to a criminal case. You are allowed to pursue civil action independently from any criminal investigation that may happen regarding the situation. A lawyer can help you understand more about this and how your civil claim would work. Keep in mind that you only have two years to pursue your claim, according to Ohio Revised Code (ORC) § 2305.10.
In general, survivors of sexual abuse can assert a variety of claims against the persons or companies that may be responsible for the injury. These include the following:
Sexual Battery
The most common civil claim available to sexual abuse victims is battery. This claim seeks to hold someone responsible for the non-consensual willful, intentional, and malicious touching of your person.
Negligent Hiring and Supervision
Another set of claims that may be available to you may involve negligent hiring and supervision. If, for example, an employer hires someone with a criminal record, including charges for sexual battery, indecent exposure, or assault, and said employee engages in improper sexual conduct while employed, the employer can be held liable.
In general, the plaintiff must show that the employer should have known or knew that the employee was not a good fit for the position. Negligent supervision involves a situation in which the employer does not perform its legal duty to supervise its employees in a responsible manner.
Intentional Infliction of Emotional Distress
The emotional and mental trauma that results from sexual abuse cannot be understated. It can leave the survivor with a lifetime of pain and difficulty engaging in intimate relationships with others.
A claim for the intentional infliction of emotional distress can hold someone responsible when they cause serious, severe, and debilitating emotional distress to the survivor as the result of intentional conduct.
Basic Negligence
You may also be able to file a claim for basic negligence. In this type of action, you must prove that the defendant owed you a duty to act with reasonable care, failed to act according to that duty, and caused you damages as a result.
These are just a few examples of claims that may be available to you. There may be other theories of liability that apply to your unique situation. A Cincinnati sexual abuse lawyer may review your specific situation to help you assert each possible claim and seek the financial recovery that you deserve.
Cincinnati Sexual Abuse Lawyer Near Me 614-545-3930
What Your Sexual Abuse Lawyer Can Do
In addition to identifying all of the damages that may be available to you, your lawyer will perform a variety of important tasks on your behalf. Having someone assist you with the legal process can take a great deal of stress off your plate and help you focus on recovering.
Some of the ways your lawyer will work on your case include:
- Investigating the situation and collecting evidence
- Interviewing witnesses
- Determining who is liable
- Filing important documents with the court
- Responding to the opposing party
- Exploring your rights under any insurance policies
- Protecting your privacy
- Preparing you for any court appearances or depositions
- Negotiating a settlement if that is what you choose
- Attending court hearings on your behalf
- Preparing for trial
Compensation for Cincinnati Sexual Abuse Survivors
Survivors of sexual abuse in Cincinnati are often surprised to discover the various types of damages they have the right to recover when pursuing a civil claim or lawsuit. When someone else is responsible for causing you to suffer a serious injury or illness, they can be compelled to cover your damages in their entirety.
To ensure every loss is taken into account, your lawyer will need to separate your damages into two categories known as economic and non-economic damages. Economic damages are monetary. They include all of the ways your life has been impacted financially by the sexual abuse you suffered.
Examples include:
- Loss of income
- Diminished earning capacity
- Mental health counseling
- Doctors’ co-pays
- Hospital bills
- Ambulance fees
- Physical or occupational therapy
- Drug or alcohol treatment programs
- Childcare expenses
- The cost of household maintenance
Non-economic damages are more difficult to quantify because they do not come with inherent monetary values. Examples include:
- Physical pain and suffering
- Inconvenience
- Emotional distress
- Loss of love and companionship
- Loss of guidance and support
- Loss of society and advice
- Diminished quality of life
- Damage to your personal or professional reputation
- Scarring and disfigurement
You could also be awarded punitive damages. The jury may award punitive damages if they find the defendant’s actions grossly negligent or reprehensible. We can discuss punitive damages during your free case review.
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Resources for Sexual Abuse Survivors in Cincinnati, Ohio
Your well-being is important to us. While you consider legal action, we’ve compiled some resources for sexual abuse survivors:
- Ohio’s Sexual Violence Helpline. Here, sexual abuse survivors have 24-hour access to advocates who provide confidential support, crisis response services, and information about more resources near you.
- Students for Survivors. Students at the University of Cincinnati offer and have compiled resources for sexual abuse survivors. You don’t have to be a student of the university to gain access to these resources.
- The Rape, Abuse, & Incest National Network (RAINN). RAINN is a non-profit organization that seeks to support survivors of sexual abuse and their loved ones. In addition to offering a live chat service, it also provides a wealth of resources to those looking to move forward after an assault.
Our law firm also offers itself as a resource during this challenging time. When you connect with our team, you can share your story with a compassionate team member who wants to help you. We aim to make the claims process as easy as possible.
We Offer Help on Contingency
No one wants to worry about affording legal aid––especially after coming forward with sexual assault allegations. That’s why The Fitch Law Firm LLC extends a helping hand on a contingency-fee basis.
You owe nothing unless your case is resolved, meaning you don’t have to stress about hourly rates or retainers. Some of the funds we recover for you pay for our help. You pay nothing out of pocket.
Contact Our Sexual Abuse Advocacy Team Serving Cincinnati Today
At The Fitch Law Firm LLC, we strive to provide clients with the compassionate and informative legal support they want after getting hurt. To schedule your private and free consultation with a team member, call our office.
Call or text 614-545-3930 or complete a Free Case Evaluation form
