Being sexually abused as a child often has a lifelong impact. Survivors of childhood sexual abuse have the right to seek compensation from their abusers and others who facilitated the abuse, even many years later.
Taking legal action can be healing and empowering, but the process is challenging. If you’ve decided you’re ready to explore the possibility, get in touch with a Waterbury child sex abuse lawyer at D’Amico & Pettinicchi, LLC.
Our personal injury attorneys have been representing people seeking justice in the civil courts for decades. We will listen to your story and provide candid advice about whether you have a viable case. If so, we will aggressively pursue compensation at your direction—you are always in charge.
A survivor is entitled to seek financial compensation for sexual abuse that happened when they were a child. However, there is a time limit on these actions. Connecticut General Statutes § 52-577d allows a survivor of childhood sexual abuse to file a lawsuit at any time before their 51st birthday.
There are two additional thresholds to meet before deciding to move forward with a compensation claim. One is whether the defendant has the resources to pay a settlement or judgment. Our Waterbury child sex abuse attorneys will investigate whether the proposed defendant has insurance coverage or other means of paying compensation.
The other threshold is whether you have evidence the abuse happened. Your testimony is powerful, and we would back it up with information from your medical records—both mental and physical health problems are relevant. If the abuser was arrested and charged, the information from the police investigation is useful even if the abuser didn’t go to trial or was found not guilty. Other potentially important evidence includes diaries and journals alluding to the abuse and disclosures you made to others at the time or later. And a past history of similar abuse can be helpful evidence as well.
Abusers are often family members or close associates of the family. Bringing a claim against them can cause rifts in the family. You will need to carefully consider the implications of going forward and weigh the potential gains against the damage to your family bonds.
In many cases, the abuser was a school employee, coach, member of the clergy, or another adult who works with children in some capacity. In these cases, the organization that employed the abuser or put them in a position of trust could be liable for the injuries you suffered due to the abuse.
People who have suffered childhood sexual abuse have sued school districts, Catholic dioceses, the Boy Scouts of America, and many sporting organizations for failing to protect them. In some cases, class action lawsuits have been filed, easing some of the burden of pursuing an individual case. A lawyer at D’Amico & Pettinicchi, LLC, can explain whether a class action is an option in your specific circumstances.
When you decide to pursue a claim, our child sexual abuse lawyers in Waterbury will contact the defendant, usually by letter. The letter would state the claim and that you are demanding compensation by way of a civil lawsuit. In some cases, the letter triggers negotiations that end in a favorable settlement.
Sometimes the defendant decides to contest the claim. In that case, we would initiate a lawsuit in court. If you choose, we can ask the court for permission to file the lawsuit under a pseudonym or using only your initials to protect your privacy.
Once the lawsuit is filed, the discovery process begins, where each side seeks evidence from the other. Negotiations continue during this period, and a settlement may be reached at any time. If yours is one of the fewer cases that proceed to trial, our attorneys are experienced trial advocates who will use all their skills to help you reach a positive outcome.
Pursuing a legal claim for childhood sexual abuse is healing for many, but not everyone. If you are considering bringing a claim, the attorneys at D’Amico & Pettinicchi, LLC, will walk through the process with you and ensure you are informed before making a final decision. If you decide to go forward, you will be in good hands working with our Waterbury child sex abuse lawyer.
We offer initial consultations in the office or remotely, and they are always free. Get in touch today to discuss your options.