Survivors of sexual abuse may suffer for years after the assault or abuse ends, facing lasting physical and mental health issues or difficulty in relationships. If you or someone you love is a victim of sexual abuse, you could qualify to file a civil lawsuit for damages you suffered. A compassionate Oakland, CA, sexual abuse attorney from Kellogg & Van Aken LLP can explain your legal options and your next steps to assert your rights.
You may be owed damages from the person who assaulted you and any other party that created conditions for abuse to occur, like a religious institution, sports league, or scouting program. Our legal team can explain your eligibility under California’s California Child Victims Act, a law that extends the statute of limitations for victims to pursue civil action. We’ll help you learn more in a free consultation. Call us today.
An Oakland Sexual Abuse Attorney Can Help You Recover Damages
Victims of sexual abuse have the right to demand compensation for losses suffered because of the assault and abuse. Your recoverable damages depend on your circumstances, but we can help you understand the extent of your options. Our legal team investigates your case to determine your losses and properly value them.
You could be eligible to recover damages for medical care, including counseling and therapy, emotional trauma, and diminished quality of life. Although this money cannot make up for what was done for you, it can give you the means to seek help, move to a caution away from your abuser, and cover other losses.
Some of the damages you may be eligible for include:
- Economic damages, which are the financial expenses and losses like medical care and medications, psychological therapy and counseling, lost wages, and other out-of-pocket costs.
- Non-economic damages, which cover the intangible losses you suffered. These can cover the pain and suffering from the abuse and your physical injuries, mental anguish and trauma, and a loss of quality of life.
Civil Sexual Abuse Cases Differ From Criminal Cases
When your sexual abuse lawyer files a civil suit against the abuser, it’s different than filing criminal charges, which are intended to punish the abuser. A civil suit, on the other hand, is intended to compensate you for your losses.
Even if the abuser did not face criminal punishment, you may still be able to file a civil suit against them. A lawsuit for damages, in this case, does not need the defendant to be convicted. The burden of proof for a civil suit is lower than that of a criminal case, which may work in your favor.
You may be able to stay anonymous in some cases, and as your legal advocates, we shield you as much as possible during the process, handling all communications with the other side and the courts and protecting you from further trauma.
Talking Through Your Lawyer When Filing A Sexual Abuse Claim
As our trusted Oakland, CA sexual abuse attorney knows, filing a sexual abuse claim is a deeply personal and challenging process. One of the most critical steps you can take during this journey is to communicate exclusively through your lawyer. This approach is essential for protecting your rights and privacy. Lawyers are trained professionals who understand the intricacies of the legal system and are equipped to handle the sensitive nature of these cases. By speaking only through your lawyer, you ensure that all communications are handled with the utmost care and confidentiality. At Kellogg & Van Aken LLP, we represent both adults and minors and take great care to provide compassion as support to each client.
Navigating The Legal Complexities
The legal landscape surrounding sexual abuse claims is complex and often overwhelming. There are various statutes of limitations, evidentiary requirements, and legal procedures that must be meticulously followed. One of our experienced attorneys can guide you through these complexities, ensuring that your case is built on a solid foundation. Lawyers can help you gather and present evidence, file necessary paperwork, and adhere to all legal deadlines, significantly increasing the likelihood of a successful outcome.
Avoiding Unintentional Missteps
When dealing with a sexual abuse claim, our CA sexual abuse attorney knows that every statement you make can have a significant impact on your case. Unintentional misstatements or misinterpretations can be used against you by the defense to undermine your credibility or weaken your claim. By communicating only through your lawyer, you can avoid these potential pitfalls. Your attorney will help you prepare and review all statements, ensuring that your words accurately reflect your experiences and support your case.
Managing Interactions With The Opposing Party
Interacting directly with the accused or their representatives can be incredibly stressful and emotionally draining. It can also pose risks to your case, as anything you say can be manipulated or used against you. Your lawyer acts as a buffer, managing all interactions with the opposing party on your behalf. This not only protects your emotional well-being but also ensures that all communications are conducted in a professional and controlled manner, safeguarding the integrity of your case.
Focusing On Your Healing Journey
Filing a sexual abuse claim is a step towards seeking justice, but it is also part of a broader healing journey. Focusing on your recovery and well-being is paramount during this time. By entrusting your communications and legal matters to a skilled attorney, you can free yourself from the burden of navigating the legal process alone. This allows you to concentrate on your mental and emotional health, knowing that your case is in capable hands.
How We Can Assist You
We understand the immense courage it takes to come forward and file a sexual abuse claim. Our compassionate and experienced team is here to provide the legal support you need. We are committed to handling your case with the utmost sensitivity and professionalism, ensuring that your voice is heard and your rights are protected. If you or a loved one is considering filing a sexual abuse claim, we encourage you to reach out to us. Let Kellogg & Van Aken LLP be your trusted partner on this journey. We are a women-owned law firm and seek to get the best results possible for our clients. Together, we can navigate the complexities of the legal system and work towards securing the compensation and closure you deserve. Reach out to our Oakland sexual abuse attorney now.
Book Your Free Consultation Today
California’s “Look Back” window for sexual abuse suits is coming to an end soon, so it’s important to take action quickly. If you were recently abused, we are able to advise you, too. An Oakland sexual abuse attorney from Kellogg & Van Aken LLP is ready to help you learn more in a free consultation, so please call us today.
Avoiding Social Media During Your Sexual Abuse Claim
Our trusted Oakland, CA sexual abuse attorney understands that navigating a sexual abuse claim is an incredibly challenging process that requires careful handling and a strategic approach. One crucial aspect that many individuals may overlook is the importance of avoiding social media during this time. At Kellogg & Van Aken LLP, we want to emphasize how sharing details of your case online can adversely impact the outcome. We fight for adults and minors and our goal is to hold those who have sexually abused someone else accountable. Speak with us today.
- Risk of Inconsistencies. When you file a sexual abuse claim, your social media activity can come under scrutiny by various parties involved in the case, including the defense attorneys and insurance companies. The defense will look for any discrepancies between your online activity and your statements. For example, if you claim emotional distress but your social media portrays a different picture, it can be used to question your honesty.
- Privacy Concerns. Social media platforms often have complex privacy settings, and it’s easy to unintentionally share information with a wider audience than intended. Our sexual abuse attorney in Oakland knows that even if your profiles are set to private, there are ways for determined individuals to access your posts. Furthermore, friends or family members might share content involving you, inadvertently exposing details of your case.
- Impact on Legal Strategy. Every case has its unique nuances, and your legal team will develop a specific approach to present your claim effectively. Sharing information online can reveal your strategy to the opposing side, giving them an opportunity to prepare counterarguments. By keeping details off social media, you help ensure that your case is presented in the best possible light.
- Potential Misinterpretation. Even seemingly innocuous updates or photos can be misinterpreted or taken out of context to undermine your credibility and the seriousness of your claim. This doesn't mean you shouldn't try to lead a normal life, but publicly sharing certain aspects can be misconstrued.
- Unintended Emotional Consequences. Discussing your case online can lead to unintended emotional consequences. The internet can be an unforgiving place, and negative comments or unsupportive reactions can add to your stress. It’s important to focus on your well-being and recovery, and minimizing exposure to potentially harmful online interactions is part of that process.
- Avoiding Public Opinion. Public opinion can be harsh and uninformed. Sharing details of your case on social media opens you up to judgments and opinions from people who do not know the full context. This can add unnecessary stress and pressure during an already difficult time.
- Protecting Your Claim’s Integrity. Protecting your privacy during this difficult time is paramount. By refraining from social media use related to your case, you help preserve the integrity of your claim. This allows your legal team to work without unnecessary complications, giving you the best chance for a favorable outcome.
Get Compassionate Help
We are dedicated to guiding our clients through every step of the legal process with compassion and expertise. We understand the importance of maintaining confidentiality and strategic discretion in your case. If you have any questions or need further guidance, please don’t hesitate to reach out to us. We encourage you if you are facing these challenging circumstances to contact us for a confidential consultation. Attorney Kelly Van Aken focuses her practice areas on sexual abuse and sexual harassment, so let her skills help you. Let's work together to ensure your voice is heard and your rights are protected. Speak with our sexual abuse attorney in Oakland today
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