Sexual Abuse Attorney San Jose, CA

Sexual abuse survivors may suffer for years after the assault and struggle with the lasting physical, mental, and emotional damage that the abuse left behind. If you or someone you love were a victim of sexual abuse, you may qualify to file a civil lawsuit.

You could be owed compensatory damages for the abuses you suffered from the assailant and any other party who may have contributed to the abuse. Our legal team can help you explore your options, including those available under California’s California Child Victims Act, which has a “look back” window that extends the state’s statute of limitations for pursuing legal action. You may be eligible for damages, including medical care, pain and emotional trauma, and other losses or expenses.

You can learn more in a free consultation with a San Jose, CA, sexual abuse attorney from Kellogg & Van Aken LLP, so please call us today.

A San Jose Sexual Abuse Attorney Can Help You Recover Damages

Victims of sexual abuse may be eligible for damages suffered because of the assault. The recoverable damages in your case depend on your unique circumstances, which we can help you explore. We conduct an independent look into the case to determine the extent of your losses.

Although no amount of money can undo what happened to you, the settlement you receive can provide funds to help you heal from the pain, pay for therapy, or the cost to relocate to another city, away from your abuser. You may recover:

• Economic damages include financial losses and expenses like medical care (including psychiatric care and therapy), counseling, lost wages, and other out-of-pocket costs.
• Non-economic damages are the intangible losses a sexual abuse victim suffers. This includes consideration for pain and suffering and mental anguish.

Civil Sexual Abuse Cases Differ From Criminal Cases

A civil case against the person who was assaulted is different from any criminal charges they may face. The purpose of criminal cases is to punish the abuser; in civil cases, the purpose is to restore the victim to the financial status they were before the abuse occurred.

In some cases, you may even be able to stay anonymous. As your attorney, we protect you as much as possible, shielding you from further trauma. We vigorously advocate for your interests and can handle all communication with the other party so that you can heal in peace.

You may even be able to pursue a civil claim even if the state never pressed charges against your abuser or even if they won at trial. The burden of proof for civil cases is lower than criminal, so your lawyer must only present a preponderance of evidence that you were harmed.

Compensation For PTSD Following Sexual Abuse

As our San Jose, CA sexual abuse attorney knows, Post-Traumatic Stress Disorder (PTSD) is a severe psychological condition that can develop after experiencing or witnessing a traumatic event, such as sexual abuse. This mental health disorder is characterized by intense, disturbing thoughts and feelings related to the trauma, which can persist long after the event. Symptoms often include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the incident. For survivors of sexual abuse, the emotional and psychological toll can be profound, impacting every aspect of their lives. Attorney Kelly Van Aken is a founding partner of Kellogg & Van Aken LLP and is a fierce advocate for those who have suffered sexual abuse.

The Impact Of PTSD

Recognizing the profound impact of PTSD on a survivor's life is crucial in understanding the importance of seeking compensation. The aftermath of sexual abuse can lead to significant disruptions in one's personal and professional life. Many survivors find it challenging to maintain employment, nurture relationships, and enjoy everyday activities. This debilitating condition often requires extensive therapy and medical treatment, which can be costly. Therefore, pursuing compensation is not just about seeking justice but also about obtaining the necessary resources to aid in recovery.

The Legal Path To Compensation

We understand the complexities involved in these cases. Pursuing legal compensation for PTSD following sexual abuse involves proving that the trauma directly resulted from the abuse. This can be a daunting task, given the deeply personal nature of the evidence required. However, our experienced team is dedicated to providing compassionate and comprehensive legal support.

Our San Jose sexual abuse attorney works closely with mental health professionals to substantiate claims of PTSD, ensuring that our clients have the strongest case possible. This often involves gathering detailed medical records, expert testimony, and personal accounts that illustrate the profound impact of the trauma.

Why Pursuing Compensation Matters

Securing compensation is a vital step for many survivors. It serves not only as a form of justice but also as a critical resource for healing. Financial compensation can cover the costs of therapy, medication, and other treatments necessary for managing PTSD. It can also provide a sense of validation and acknowledgment of the pain endured.

Moreover, holding perpetrators accountable through the legal system can serve as a powerful deterrent, helping to prevent future incidents of abuse. It sends a clear message that such actions have serious consequences and that survivors have the right to seek justice and support.

How We Can Help

We are committed to standing by our clients throughout this challenging journey. Our compassionate approach and extensive experience in handling sexual abuse cases mean that we are well-equipped to navigate the complexities of PTSD compensation claims. We understand the sensitivity of these cases and work diligently to provide a safe and supportive environment for our clients.

Schedule A Call Now

If you or a loved one is suffering from PTSD as a result of sexual abuse, we encourage you to reach out to us. Our dedicated team is here to provide the legal expertise and emotional support needed to pursue justice and secure the compensation you deserve. Attorney Mikayla Kellogg has a proven track record of unparalleled work ethic and handling each of her cases with compassion, so you know you are in good hands with our team. Contact us today for a confidential consultation, and let our sexual abuse attorney in San Jose help you take the first step toward healing and recovery.

Book Your Free Consultation Today

California’s “Look Back” period for sexual abuse cases is coming to a close. Even if you passed the statute of limitations initially, you may be able to file a claim under this law. A compassionate San Jose sexual abuse attorney from Kellogg & Van Aken LLP can help you learn more in a free consultation, so please call us today.

7 Steps To Take When Filing A Sexual Abuse Claim Amidst Victim Blaming

Filing a sexual abuse claim is an incredibly courageous step, but it can be made even more challenging when faced with victim blaming, as our San Jose, CA sexual abuse attorney knows. At Kellogg & Van Aken LLP, we understand the emotional toll that victim blaming can take and are here to guide you through the process. Attorney Mikayla takes on challenging cases and fights to pursue justice when her clients were wronged or abused. Here are seven steps to take when filing a sexual abuse claim in the face of victim blaming.

1. Seek Emotional Support: One of the first steps you should take is to seek emotional support from trusted friends, family, or a professional therapist. Dealing with victim blaming can be emotionally exhausting, and having a strong support system can help you stay resilient. It's crucial to surround yourself with people who believe in you and offer a safe space for you to express your feelings.
2. Document Everything: Keep detailed records of all incidents related to the abuse and any instances of victim blaming. Documenting dates, times, and the nature of each event can provide essential evidence for your case. This includes saving any relevant messages, emails, or social media interactions that demonstrate victim blaming or attempts to discredit you.
3. Avoid Engaging with Detractors: Engaging with those who blame you can often lead to further distress and may be used against you in your case. Instead, focus on communicating with your support system and your legal team. Let your attorney handle any necessary interactions with the opposition, ensuring that your responses are measured and legally sound.
4. Educate Yourself on Victim Blaming: Understanding the dynamics of victim blaming can empower you to better navigate the challenges it presents. Knowing that victim blaming is a common, albeit unjust, reaction can help you maintain your confidence and perspective. Many resources are available online and through support organizations that can provide valuable insights and coping strategies.
5. Maintain Your Privacy: Protecting your privacy is crucial during this time. Be mindful of what you share publicly, especially on social media. Limit your online presence and adjust your privacy settings to ensure that only trusted individuals have access to your information. This helps to prevent further victim blaming and protects the integrity of your case.
6. Work Closely with Your Legal Team: Our sexual abuse attorney in San Jose is dedicated to providing you with the best possible legal representation. Work closely with us to develop a strong case, and keep us informed about any new developments, including instances of victim blaming. Your legal team can offer guidance on how to address these issues and incorporate them into your case strategy.
7. Focus on Self-Care: Amidst the legal process and dealing with victim blaming, it's essential to prioritize self-care. Engage in activities that promote your well-being, such as exercise, hobbies, or spending time with loved ones. Taking care of your mental and physical health can help you stay strong and resilient throughout this challenging time.

San Jose Sexual Abuse Infographic

Get Compassionate Legal Support

Dealing with victim blaming while filing a sexual abuse claim can be overwhelming. Remember, you don’t have to face this alone. At Kellogg & Van Aken LLP, we are here to support and guide you through every step of the process. If you need assistance or have questions about your case, please reach out to us. Attorney Mikayla recently served as the lead plaintiff’s liaison counsel for a case that had 80 survivors who were allegedly sexually assaulted by their physician. She cares deeply about her clients. When you need help, turn to our sexual abuse attorney in San Jose today.

San Jose Sexual Abuse Statistics

The data collected by the Crimes Against Children Research Center are jarring:

• One in five girls and one in 20 boys are victims of child sexual abuse.
• Twenty percent of adult females and 10 percent of adult males report at least one childhood sexual abuse or assault incident.
• In one year, almost 20 percent of teens between the ages of 14 to 17 will be sexually victimized.

If you are a victim of sexual abuse, call our office to speak with a San Jose sexual abuse lawyer to find out what legal recourse you may have.

How To Use Medical Evidence For Your Sexual Abuse Claim

Our San Jose, CA sexual abuse attorney knows that when pursuing a sexual abuse claim, medical evidence can play a crucial role in supporting your case. Understanding how to gather and present this evidence can make a significant difference in the outcome. It is important to understand some common questions about using medical evidence in sexual abuse claims.

Why Is Medical Evidence Important In A Sexual Abuse Claim?

Medical evidence is essential because it provides objective documentation of the abuse and its effects. This can include physical injuries, psychological trauma, and ongoing medical issues resulting from the abuse. Such evidence can substantiate your claims, making it more difficult for the defense to dispute your account. Medical records, forensic examinations, and expert testimony can all contribute to a stronger case.

What Types Of Medical Evidence Will My Lawyer Gather?

It's important to collect both physical and psychological evidence. Physical evidence might include medical records from examinations immediately following the abuse, photographs of injuries, and reports from forensic medical professionals. Psychological evidence can include records of counseling sessions, diagnoses of conditions like PTSD, and statements from mental health professionals. Keeping thorough and organized documentation of all medical treatment related to the abuse is crucial.

How Can I Ensure My Medical Evidence Is Credible?

To ensure the credibility of your medical evidence, it's important to seek treatment from qualified healthcare professionals and follow their recommendations. Our sexual abuse attorney in San Jose knows that consistency in reporting your symptoms and experiences to different medical providers can also strengthen your evidence. Additionally, obtaining documentation from reputable institutions and experts in the field of sexual abuse and trauma can bolster the credibility of your case. Expert testimony can be particularly persuasive in court.

Can Medical Evidence Alone Win My Case?

While medical evidence is a powerful tool, it is typically one part of a larger body of evidence needed to support your claim. Other important elements might include witness testimony, personal statements, and any physical evidence from the scene of the abuse. Combining medical evidence with these other types of evidence can create a more comprehensive and compelling case. Collaboration with legal professionals experienced in sexual abuse claims is essential to effectively integrate all pieces of evidence.

How Will My Lawyer Present Medical Evidence Effectively In Court?

Presenting medical evidence effectively requires a strategic approach. Your legal team will work to ensure that all relevant evidence is properly documented, organized, and presented in a way that clearly illustrates the impact of the abuse. Expert witnesses may be called to explain complex medical information in understandable terms for the judge and jury. It's crucial to communicate the extent of your suffering and the long-term consequences of the abuse through this evidence.

Finding Compassionate Support

At Kellogg & Van Aken LLP, we understand the challenges you face when pursuing a sexual abuse claim. We are committed to helping you gather and present the strongest possible medical evidence to support your case. Our experienced team will guide you through every step of the process, ensuring that your voice is heard and your rights are protected. If you need assistance with your claim, reach out to us today. Together, we can work toward justice and healing. Speak with our trusted San Jose sexual abuse attorney for help today.