Our firm handles childhood sexual abuse and clergy abuse cases
nationally. The cases involve abuse by teachers, clergy, neighbors and
family members, and range from California to Maine. The decision to
pursue legal action is difficult. This site is intended to provide
information regarding the preparation of your case and some of the legal
concerns of bringing a claim.
Legal Issues
There are several legal issues that can be associated with claims of
childhood sexual abuse. For example, each state has a general statute of
limitations. This statute of limitations defines the time period within
which a victim may assert a claim for childhood sexual abuse. If a claim
is not filed within the statutory time period, the victim is forever
barred from asserting a claim. California allows claims to be brought at
any time before the victim’s twenty-sixth birthday, and provides a
vehicle for later claims in some circumstances. The limitations period
varies by state with some states providing very short time periods in
which to file a claim.
In addition to the statute of limitations, several other legal issues
may be associated with a claim depending on who committed the abuse. If
a child were abused at school, for instance, a claim must be presented
to the school district within a statutorily defined time period. The
presentment period varies by state, but can be as short as six months.
This presentation requirement works much like the statute of
limitations. If the claim is not properly presented within the time
period, a claim cannot be brought against the school. Since the statute
of limitations, and the presentment requirement, act to limit the time
period in which to bring a claim, it is recommended that victims of
childhood sexual abuse seek legal counsel to review their claim as soon
as possible.
Preparing Your Claim
Although it may be difficult to discuss, there are several facts that
your attorney will need to know while preparing for your case. Several
factors are considered in determining the damages resulting from the
abuse. One important factor to be considered is the type of abuse you
were subjected to. Sexual abuse experienced by one victim may be
different in nature from the abuse inflicted upon another. Therefore, it
is important for your lawyer to know as much as possible about the
abuse. It is important to note that this consideration is not the only
factor considered. Victims react differently to traumatic experiences
and a victim who was fondled by an adult may be more deeply impacted
than another individual who experienced more invasive abuse. Since
victims react differently to abuse, the harm the victim experienced is
another important factor to be considered.
Your attorney will also need to know, to the best of your knowledge, the
dates and times of the abuse. These dates do not always need to be
exact, but general estimates of the months and years of the abuse
provide your attorney an important time frame, and allow her/him to make
determinations regarding the legal issues discussed above. Other
important considerations are the frequency and location of the abuse, as
well as the identity of the abuser. By assimilating all of these facts,
your attorney will be able to present a portrait of the abuse and the
effects the abuse has had on your life.
After providing your attorney with the facts surrounding the abuse, it
is likely you will be asked to undergo a psychological evaluation. A
psychological evaluation provides necessary insight into the depth of
the injuries inflicted by the abuse. The evaluation will allow the
evaluator to determine the necessity and scope of future medical or
psychological treatment and provide guidance to you in determining how
to properly address the injuries resulting from the abuse. Finally, the
evaluation enables your attorney to understand the effects of the abuse
and sheds light on important legal issues regarding your understanding
of the harm caused by the abuse.
Consequences of the Abuse
Problems associated with victims of childhood sexual abuse generally
develop and intensify over time. It is therefore imperative that victims
of childhood sexual abuse seek help as soon as possible to minimize the
amount of damage. There are several symptoms which are common in
survivors of childhood sexual abuse. Many victims experience deep
feelings of guilt, helplessness, hopelessness, and shame. This can
result in alcohol or drug dependence as a way to self medicate. It is
not uncommon for victims of childhood sexual abuse to move from one
unsatisfying relationship to another resulting from difficulties in
maintaining intimate relationships. In many cases, survivors of
childhood sexual abuse tend to withdraw emotionally and intellectually.
This results in victims not meeting their potential and moving from one
job to another. While these results are not exclusive, nor does each
victim of childhood sexual abuse suffer from these particular problems,
they are indicative of the type of damage which can result from
childhood sexual abuse.
We can help
If you or someone you know has been the victim of childhood sexual
abuse, we invite you to submit your case for review by one of our
attorneys by selecting the link provided.
The
lawyers associated with the law
firm of Zalkin & Zimmer, LLP are
experienced and tenacious
litigators. Our experience as
litigators provides our firm
with the skill set and ability
to pursue clergy abuse cases
with confidence, confidentiality
and success. Our approach to
these cases is similar to the
way we approach most serious
personal injury cases. First, we
must conduct a thorough
investigation of the facts to
corroborate our client’s story.
We may try to locate anyone who
might have been a victim of the
abusers proclivities, or who may
have had some knowledge about
other situations. This would
include learning what we can
about prior settlements and
complaints. We work with a team
of extraordinary licensed
private investigators that are
able to uncover a wealth of
information. While the
investigation is underway, we
will arrange for the victim to
be evaluated by a highly
qualified forensic psychologist
to determine the nature and
extent of the harm done. This
evaluation is extremely
important to establish the
connection between the childhood
abuse and the "full" extent of
the harm done.
Once we have completed the
investigation, and obtained an
extensive report from the
psychologist, we will submit a
demand for settlement with the
Diocese. We will make every
effort to obtain a satisfactory
financial compensation package
for the victim through a
settlement process. Part of that
process may include obtaining an
agreement with the Diocese and
the abuser to attend a
mediation.
Mediation is a non-binding
settlement conference with a
lawyer or retired judge who may
help to facilitate the
discussions towards a meeting of
the minds. If the parties cannot
agree on a settlement, then we
would file a civil lawsuit.
Having handled hundreds of
trials over the past twenty two
years, it is our humble opinion
that a good settlement is
usually better than the
uncertainty of a jury trial.
This is not to say that we are
not willing or uncomfortable
with going to court. On the
contrary, we believe that
because of our courtroom
reputation and successes, we are
able to obtain better
settlements. If the other side
knows that they are dealing with
an experienced trial lawyer,
they are less likely to low ball
the settlement of the case. If
they know that the victim’s
lawyer does not have trial
experience or does not like to
go to trial, they will negotiate
accordingly. Therefore, the
question one should ask of any
lawyer, is not how much
experience they may have with a
clergy abuse case, but how much
experience they have as a trial
lawyer.
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