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Searching for legal options after surviving something that never should have happened?
The violation, the betrayal, the lingering trauma—it doesn’t disappear with time. Maybe the person who hurt you still walks free. Maybe the institution that failed you continues to operate without consequence. That’s not justice.
But there is a path forward. Filing a civil lawsuit is about more than financial compensation. It’s about reclaiming your voice, holding abusers and enablers accountable, and taking the next step in your healing journey. Whether or not you decide to hire a lawyer (SurvivorsRights.com may help connect you with one), this guide will walk you through how the civil lawsuit process works for survivors of sexual abuse.
What Makes a Civil Lawsuit Different?
Unlike criminal trials—where prosecutors must prove guilt beyond a reasonable doubt—civil lawsuits only require a “preponderance of evidence.” That means the burden of proof is lower: the survivor must simply show it’s more likely than not that the defendant caused harm.
Civil cases are driven by survivors, not the state. That gives you more control over the process and potential outcomes, including compensation for:
- Emotional trauma
- Therapy and medical bills
- Lost income or career setbacks
- Pain and suffering
Step-by-Step: How a Civil Lawsuit Works for Sexual Abuse Survivors
Step 1: Consultation With an Attorney
Your journey often begins by speaking with an attorney who focuses on sexual abuse cases. A good attorney will:
- Review the strength of your claim and statute of limitations
- Identify defendants (individuals, institutions, employers)
- Estimate possible compensation
- Explain next steps and legal timelines
Most attorneys offer free consultations and work on contingency—you only pay if they win your case.
Step 2: Investigation and Evidence Gathering
Your legal team will gather evidence to support your claim, such as:
- Medical or psychological records
- Witness statements
- Emails, texts, or documentation
- Expert opinions (therapists, physicians, forensic specialists)
Stronger evidence improves the likelihood of a successful settlement or verdict.
Step 3: Filing the Civil Complaint
Your attorney will draft and file a formal complaint detailing:
- Names of the defendants
- Allegations and timeline of events
- How the abuse caused harm
- The compensation you’re seeking
Once filed, the complaint is served to the defendant.
Step 4: The Discovery Phase
In this stage, both sides exchange evidence. This may include:
- Depositions – Verbal testimony under oath
- Interrogatories – Written questions answered under oath
- Document requests – Medical records, internal reports, emails
Discovery helps both sides build their case.
Step 5: Settlement Negotiations
Most cases settle before trial. Your attorney and the defense may agree on a financial settlement that avoids going to court. If no fair offer is made, the case moves forward.
Step 6: Going to Trial
If necessary, your case goes before a judge or jury. The process includes:
- Opening statements
- Presentation of evidence
- Witness testimony and cross-examination
- Closing arguments
- Deliberation and verdict
If you win, the court determines the damages you’re awarded.
Step 7: Collecting Compensation
If the defendant is found liable, they must pay the court-ordered amount. Your attorney can help enforce payment, even if there’s an appeal or delay.
Legal Barriers Survivors Should Know
- Statute of Limitations: Many states have extended or removed deadlines for childhood sexual abuse cases.
- Fear of Retaliation: Retaliation is illegal. Your lawyer can act if the defendant tries to intimidate you.
- Emotional Toll: A trauma-informed legal team can ease the burden of reliving painful memories.
Why Legal Representation Matters
Survivors shouldn’t have to face more hardship to get justice. A skilled sexual abuse attorney can:
- Handle your case with empathy
- Navigate complex legal deadlines
- Maximize your compensation
- Protect your emotional well-being
You Don’t Have To Go Through This Alone
If you’re considering a lawsuit, know this: you have options. Even if the abuse happened years ago. Even if you’re unsure whether you qualify.
SurvivorsRights.com connects survivors with top-tier, trauma-informed attorneys who specialize in sexual abuse litigation.
Reach out today to take the first step toward justice and healing.