Wilmington Sexual Abuse Lawyer

Who Can Be Held Liable for Sexual Abuse?

Survivors of sexual abuse have the right to pursue claims not only against the perpetrator but also against institutions and individuals who allowed the abuse to occur. Identifying all responsible parties is an important step in seeking justice.

Perpetrators

The person who committed the abuse can be held legally accountable in both criminal and civil court. Whether the perpetrator was a family member, teacher, coach, religious leader, employer, or another trusted figure, survivors have the right to take legal action against them.

Employers and Institutions

Organizations such as schools, churches, daycare centers, and nursing homes can be held responsible if they enabled abuse through negligence. Institutions that fail to conduct background checks, ignore complaints, or cover up misconduct can be held liable for the harm that resulted.

Property Owners and Businesses

Hotels, apartment complexes, parking garages, and other businesses may be liable if inadequate security contributed to an assault. Poor lighting, broken locks, lack of security cameras, or failure to address prior safety concerns can make a property owner responsible for enabling an attack.

Third-Party Enablers

In some cases, individuals who were aware of the abuse but failed to intervene can also be held accountable. This may include supervisors, religious leaders, family members, or coworkers who knew about the abuse and did nothing to stop it. Holding enablers accountable helps prevent future misconduct.

What to Expect When You File a Sexual Abuse Lawsuit

Filing a sexual abuse lawsuit can feel overwhelming, but understanding the process can help survivors feel more confident and in control. A skilled attorney will guide you through each phase, ensuring that your rights are protected while you pursue justice.

Confidential Consultation

The first step in filing a lawsuit is speaking with an attorney in a confidential setting. You can share your experience at your own pace while your attorney listens carefully, explains your legal rights, and discusses potential courses of action. There is no obligation to move forward — this meeting is simply an opportunity to learn about your options.

Case Investigation and Evidence Collection

If you choose to proceed, your legal team will begin gathering evidence to support your claim. This may include medical records, police reports, witness statements, and documentation of any prior complaints against the perpetrator or negligent institution. Attorneys may also work with forensic experts and psychologists to establish the full impact of the abuse.

Filing the Lawsuit

Once your case is prepared, your attorney will formally file a lawsuit against the responsible parties. This step notifies the perpetrator, institution, or other liable parties that legal action is being taken against them. Filing a lawsuit does not necessarily mean the case will go to trial — many cases are resolved through settlements.

Negotiations and Settlement Discussions

Many sexual abuse cases are resolved through settlement negotiations, where the responsible party agrees to provide financial compensation without the need for a trial. Your attorney will handle all negotiations, working to secure the maximum compensation possible. If a fair agreement cannot be reached, your case may proceed to trial.

Trial and Court Proceedings

If your case goes to trial, your attorney will present evidence, question witnesses, and advocate on your behalf. While testifying in court is sometimes necessary, legal teams take steps to minimize the emotional burden on survivors. Many cases include expert testimony to explain the long-term effects of abuse and demonstrate institutional negligence.

Understanding Damages in a Sexual Abuse Case

Survivors of sexual abuse have the right to pursue financial compensation for the harm they have endured. While no amount of money can undo the trauma, civil lawsuits allow survivors to hold perpetrators and negligent institutions accountable while securing the resources needed for recovery. Understanding the types of damages available in a sexual abuse case can help survivors make informed decisions about their legal options.

Economic Damages: Covering Financial Losses

Sexual abuse can have long-term financial consequences, from medical bills to lost income. Economic damages compensate survivors for the tangible costs associated with their abuse, including:

• Medical Expenses. Many survivors require ongoing medical care, including treatment for physical injuries and mental health conditions such as PTSD, anxiety, and depression. Compensation can cover past, present, and future medical costs, including therapy, counseling, and prescription medications.
• Lost Wages and Diminished Earning Capacity. The emotional and psychological impact of sexual abuse can interfere with a survivor’s ability to work. Some may need extended time off, while others may struggle to maintain employment due to trauma-related conditions. In cases where the abuse permanently affects career prospects, survivors may be entitled to damages for reduced earning capacity.
• Other Financial Losses. Survivors may incur additional expenses, such as relocation costs if they must move to escape an unsafe environment or educational expenses if they must change schools due to institutional negligence.

Non-Economic Damages: Compensating for Emotional and Psychological Trauma

The impact of sexual abuse extends beyond financial losses. Non-economic damages provide compensation for the personal suffering a survivor has endured, including:

• Emotional Distress and Psychological Trauma. Many survivors struggle with anxiety, depression, PTSD, and other mental health challenges long after the abuse has ended. Compensation for emotional distress acknowledges the pain survivors have endured and helps provide the financial means to support their recovery.
• Pain and Suffering. Survivors often experience deep emotional turmoil, including feelings of shame, guilt, and fear. The law recognizes the toll of this suffering and allows survivors to seek damages for the emotional weight of their experience.
• Loss of Quality of Life. Sexual abuse can affect every aspect of a survivor’s life, including their relationships, ability to trust others, and sense of personal security. Many survivors experience difficulty with intimacy, social isolation, or struggles with daily activities. Non-economic damages account for these life-altering effects.

Punitive Damages: Holding Perpetrators and Institutions Accountable

In cases involving extreme negligence or intentional misconduct, the court may award punitive damages to punish the responsible party and deter future abuse. These damages are not tied to the survivor’s personal financial losses but are intended to hold abusers and negligent institutions accountable for their actions. Institutions that ignored complaints, concealed evidence, or allowed known predators to remain in positions of power may face significant punitive damages.

Why Seeking Damages Matters

While financial compensation cannot erase the past, it can provide survivors with the means to access medical treatment, therapy, and other resources needed to rebuild their lives. Pursuing damages also holds perpetrators and institutions accountable, helping to create safer environments and prevent future harm to others.

If you are considering legal action, speaking with an experienced sexual abuse attorney can help you understand your rights and determine what types of compensation may be available in your case. Survivors deserve justice — and the resources to heal.

Take the First Step Toward Justice

If you are a survivor of sexual abuse in Wilmington, you do not have to face this journey alone. You have the right to seek justice, hold those responsible accountable, and take back control of your future. Our attorneys have been trained in trauma-informed care, allowing us to offer legal guidance that prioritizes your comfort, safety, and emotional well-being.

At Lanier Law Group, we stand with survivors, offering compassionate support and aggressive legal advocacy. Our attorneys will listen to your story, outline your legal options, and fight relentlessly to achieve justice. Whether your case involves an individual perpetrator, an institution that failed to act, or a workplace that fostered misconduct, we are ready to take legal action on your behalf.

Call 919-682-2111 today for a confidential consultation with an experienced sexual abuse lawyer. If you prefer, you can also contact us online to discuss your case privately. You deserve justice, and we are here to help you fight for it.