Sexual Assault Settlement Amounts

Victims of sexual abuse can seek compensation from multiple parties depending on the nature of their alleged assault within the civil court system. In a premises liability sexual assault case, it is possible to seek both compensatory and punitive damages from the property owner for negligent security or hiring that led to the victim being sexually assaulted or harassed.

Rosenfeld Injury Lawyers has extensive experience handling premises liability and sexual abuse cases. Read on to learn more about filing a premises liability sexual assault claim and what to expect regarding potential settlement amounts.

Understanding Sexual Assault

Filing a civil case is not the same as having criminal charges filed against your attacker. You might have more than one party who can be held responsible for what happened to you.

In certain sexual assault cases, victims may file civil lawsuits against a property owner for failing to provide adequate security to prevent the assault. Through premises liability claims, victims can hold negligent property owners accountable for their role in allowing such incidents to occur.

Property owners owe visitors a duty of care, which includes maintaining safe premises. If they create and facilitate an environment where unwanted sexual advances or assaults occur, they can be held accountable. If they know about the dangers in advance and do nothing about it, they could even have to pay punitive damages.

Employers also have liability when it comes to the employees they hire. If a member of their team assaults or harasses customers or other staff members, the employer can be held responsible.

Sexual Assault Settlement Examples

The average settlement for a premises liability sexual assault claim is difficult to determine, as many of these cases are confidential.

In one public example, the Boy Scouts of America faced sex abuse lawsuits for cases at its properties and within its organization. This data can give us an idea of what most of these cases settle for. Settlements ranged from $3,500 to $2.7 million [1].

Our firm’s settlements tend to be much, much more substantial than the average.

• $21 million – from a national hotel chain that failed to screen employees
• $6.5 million – from a cruise ship where staff raped a teenager
• $3 million – from a large hospital where an OB/GYN repeatedly assaulted a woman
• $1.16 million – from a youth detention center where a guard assaulted a teen

Compensatory Damages Awarded in Sexual Assault Cases

There are different types of damages that victims of sexual violence may receive in terms of compensation.

Among the most important ones in premises liability claims are economic damages. These are tangible financial losses resulting from what happened. Common economic damages in a sexual assault case include medical expenses, lost wages, rehabilitation for physical injuries, therapy for emotional trauma, and replacing damaged property.

In addition to economic, you could be entitled to non-economic damages, such as emotional distress, pain and suffering, and post-traumatic stress disorder.

Unlike economic damages, which cover financial losses, non-economic damages compensate for intangible factors like pain and emotional distress. In court, a judge may use a multiplier method, applying a factor to your economic damages to determine the appropriate amount for non-economic damages.

Punitive damages are reserved for cases that involve particularly egregious behavior. While these are not awarded in every personal injury claim, they can add substantially to your settlement.

One of the reasons why it is so important to hire an experienced sexual assault attorney to help you seek justice is that you are likely entitled to more compensation than you may realize. Often, sexual assault victims do not account for all damages or for all future expenses in their quest for fair compensation. As a result, they might miss out on the fair settlement they deserve.

Factors Affecting Sexual Assault Settlements

The legal process can be somewhat unpredictable. Two similar cases could have different settlements. That said, some known factors influence the settlement amount of a sexual abuse case.

Having an experienced lawyer can make a difference when seeking compensation, as they’ll know how to properly evaluate what your case is worth based on past cases and negotiate for maximum compensation.

One of the biggest factors that will influence your settlement is the severity of the sexual assault and your injuries. If you have significant medical bills and emotional trauma, participating in medical evaluations can help create strong evidence to support your premises liability sexual assault case.

Since a premises liability sexual assault case is against the property owner, not the person who committed the assault, the more your lawyer can establish the property owner’s negligence, the more you can potentially recover. Generally, the more negligent a property owner was, the higher the settlement.

The insurance company’s willingness to settle will also affect the settlement size. For instance, if the assault took place at a private residence with minimal insurance coverage, the available resources may be smaller than in cases involving a large insurance company for businesses. Larger insurers may also be more willing to settle to avoid court.

Maximizing Financial Compensation in a Sexual Assault Case

To maximize your premises liability claim, there are three things to keep in mind.

Hire a Premises Liability Sexual Assault Lawyer

It’s essential to hire an experienced lawyer. The average settlement in cases with legal representation is typically higher, even after legal fees, than when plaintiffs try to secure compensation on their own. Your lawyer will help you negotiate with insurance companies and prepare for trial.

Don’t Accept First Offers Without Legal Review

Never accept a first settlement offer from an insurance provider without speaking with a lawyer, even if it’s during a free consultation. Initial offers are often low, and you can usually obtain more through negotiation. Knowing what your case is worth will help you decide whether to accept any settlement.

Consider Long-Term and Future Expenses

Be sure to factor in future medical bills and therapy costs, not just what you’ve already paid. You will likely have ongoing medical expenses that should be included in your settlement.

Understanding Liability in Sexual Abuse Cases

Liability in sexual assault claims is incredibly complex. It can involve multiple parties and, in some cases, multiple types of cases. There might be both criminal and civil cases against the party that committed sexual harassment or assault, as well as civil cases against the businesses, property owners, and organizations that also played a role.

In the weeks and months after a sexual assault, it can be challenging to know who you can hold accountable for what happened to you. Discussing your particular situation with a personal injury lawyer can help you come up with a list of potential legal options and determine who can be held accountable.

Premises Liability in Sexual Assault Cases

When it comes to sexual assault, where the unwanted physical contact took place matters. Since property owners and businesses owe you a duty of care, the fact that you were subjected to sexual violence or verbal harassment while you were on someone’s property is often enough for a premises liability claim.

Proving Negligence in Sexual Assault Claims

To successfully win a premises liability case for sexual abuse claims, victims must establish a direct link between the assault and the property owner’s negligence. Some common examples of how property owners can be negligent and held responsible in these cases include:

• Negligent security
• Poor lighting
• Inadequate surveillance
• Negligent hiring, such as not having background checks for employees
• Failure to investigate

Filing a Sexual Assault Lawsuit

There are two primary types of sexual abuse lawsuits: criminal and civil.

When criminal charges are filed, the focus is on punishing the perpetrator with jail time, not on providing financial recovery for the victim. If convicted, your abuser and any organizations involved may face criminal penalties, but this typically won’t cover your medical expenses, therapy, lost wages, emotional distress, or punitive damages.

That’s where a civil case comes in.

In a civil lawsuit, you can seek compensation for your financial losses as well as non-economic damages like post-traumatic stress disorder and punitive damages. Without pursuing a civil action, it’s challenging to recover compensation for these additional damages.

What to Expect During the Settlement Process

Settlement amounts are typically negotiated. After your lawyer files the necessary paperwork to initiate your case, the insurance provider or the other party may offer a settlement to avoid legal action. However, initial offers are often not full settlements.

Your lawyer will negotiate with the company and other parties to achieve a better outcome. If negotiations are successful, the case concludes with a settlement; if not, it may proceed to trial to pursue maximum compensation.

Many victims worry about going to trial and testifying before a jury. The good news is that most cases are settled outside of court, so you likely won’t have to go to trial. If trial becomes necessary or beneficial, your lawyer will guide you through the process and your options.

The Time It Takes to Settle a Sexual Assault Case

It’s difficult to forecast how long a case will take to reach a settlement. While the average settlement agreement could take months to resolve, other, more complicated cases could take years. The complexity, willingness to negotiate, and court timelines involved will influence how long the process takes.

The Importance of Hiring an Experienced Sexual Assault Attorney

Handling a sexual assault case without legal assistance can be extremely difficult. Having a lawyer on your side can help you assess the value of your claim so you don’t miss out on compensation, guide you through the legal process, negotiate for a larger settlement, and prepare for trial.

Secure Expert Legal Representation!

If you are the victim of a crime that is of a sexual nature on someone else’s property or business, it is possible that you can take legal action to recover compensation for what happened to you.

Contact Rosenfeld Injury Lawyers using our contact form or call toll-free at (888) 424-5757 for a free consultation. There is no cost for anything unless we win your case, as we work on a contingency fee basis. A member of our team is available 24 hours a day to help.

Resources: [1] Reuters

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.