Sexual abuse is a criminal offense defined in Texas Penal Code § 21.01 and is punishable by law. However, sexual abuse cases are not exclusive to criminal court and can also be held in civil court, where victims can demand their financial recovery from abusers or other responsible parties. If you or a loved one was a victim of sexual abuse in Corpus Christi, you may want to consider pursuing a civil action suit.
At D. Miller & Associates, PLLC®, we advocate for sexual abuse victims in Corpus Christi, Texas, so they can hold negligent parties accountable for their actions or inactions. If you are interested in fighting for your financial recovery, you can hire our sexual abuse lawyer serving Corpus Christi, and we’ll get started on your case right away. We offer a free consultation to discuss your legal options.
Damages You May Demand Financial Recovery for in a Texas Sexual Abuse Case
When demanding financial recovery, you must provide a list of your damages to the defendant through a demand letter. Our personal injury team will review your damages to draft this letter on your behalf and send a notice of your intention to sue the defendant.
Your financial recovery will be based on your economic and non-economic damages, but other factors may affect the value of your case. For example, we may consider future damages you might experience if your sexual abuse caused long-term trauma that now affects your romantic relationships.
Alternatively, sexual abuse cases can also include punitive damages, which serve to punish the defendant to prevent similar harmful acts in the future.
Economic damages include all losses that have a tangible, monetary value. Some examples include:
- Medical treatment expenses
- Reduced earning capacity
- Loss of income, both past and future losses
- Costs for psychiatric treatment and counseling
- Costs for pregnancy tests and sexually transmitted infections (STIs) tests
- Losses related to sexual exploitation (e.g., paying ransoms)
- Costs for psychiatric and other prescription medications
Evidence for your economic damages will generally involve providing financial documents, such as paychecks, receipts, invoices, and tax information.
Non-economic damages include all physical, emotional, and mental losses. These damages may feel more personal and do not have a readily monetary value, so we must assign value to them based on how they affect your life.
Some examples of non-economic damages include:
- Pain and suffering
- Post-traumatic stress disorder, which can involve symptoms like flashbacks, panic attacks, and insomnia
- Emotional distress, which can include depression and anxiety
- Other psychological disorders as responses to trauma, such as eating disorders, substance use addiction, and sexual dysfunctions
- Permanent disability or physical disfigurement
- Sexually transmitted infections, such as HIV/AIDS
- Self-harm ideation or attempted suicide
- Reduced quality of life
Sexual abuse is deeply traumatic for victims, and the consequences of the abuse can vary by person based on when the abuse occurred in their life, who committed the abuse, whether they received support when revealing their abuse occurred, and other interpersonal factors.
Our Legal Team Can Manage Your Sexual Abuse Case to Protect You
If you hire our sexual abuse lawyer serving Nueces County, we will do the following:
- Private investigation: We’ll conduct our own discovery process to retrieve evidence and confirm information about your case, such as which parties were involved and whether anyone might have witnessed the sexual abuse.
- Administrative services: We will prepare legal paperwork and respond to messages you receive, such as settlement offers. Additionally, if you receive phone calls or other communication attempts from the opposing party, you can refer them to your lawyer, and they will handle any statement requests. This ensures your case remains protected.
- Legal representation: Our attorneys will act as your legal advocate in various stages of litigation, not just in trial. Whether you have an opportunity to negotiate a settlement deal outside of court or must hear your case in trial, your attorney will serve as your representative and present your case as necessary.
Our team is also available to provide legal counsel whenever you have concerns. On top of that, you can watch our Facebook lives, where we answer clients’ questions.
You May Still Have Time to File Your Corpus Christi Sexual Abuse Case
Civil cases involving sexual abuse fall under personal injury or tort law, so there exists a statutory deadline for each case for it to be heard in court. This deadline varies on when the sexual abuse occurred in the victim’s life, but other factors may affect the plaintiff’s case, such as whether the defendant is a municipality.
However, in general, Texas Civil Practice and Remedies Code § 16.0045 mandates the following:
- If the sexual abuse occurred when the victim was a minor (younger than 18 years of age): The plaintiff has 30 years from the date of their sexual abuse to file a lawsuit pursuing damages.
- If the sexual abuse occurred when the victim was an adult (18 years of age or older): The plaintiff has five years from the date of their sexual assault to file a lawsuit pursuing damages.
- If the sexual abuse caused the victim to pass away from their injuries: The statutory filing period begins on the date of their death instead of the date of the sexual abuse.
Our legal team will confirm your case’s filing deadline early on in our investigation. We will take any necessary steps to legitimize your case, as a lawsuit can serve as good leverage during negotiation discussions. Know that failure to file your case on time could result in you losing your opportunity to financial recovery, as a judge may dismiss your case.
Call D. Miller & Associates, PLLC® to Have One of Our Attorneys Represent You
If you or a loved one was a victim of sexual abuse, you may qualify to file a claim or lawsuit against a responsible party and demand your financial recovery from them. A sexual abuse lawyer serving Corpus Christi from D. Miller & Associates, PLLC® can build your case and serve as your representative in court.
Call our firm today to get a free case evaluation. You’ll be able to speak with a member from our team about your case and learn more about what to expect in litigation. Our attorneys are here to support you, so don’t hesitate to begin your legal journey today.