Nationwide Sexual Abuse Attorneys

New York and California Sexual Abuse Lawyers

With national attention on the issue of clergy abuse, our understanding of childhood sexual abuse is evolving rapidly. Over the past few years it has become clear that childhood sexual abuse is more prevalent than previously known. While media attention has focused on clergy abuse and sexual abuse at the hands of teachers, childhood sexual abuse can occur at the hands of bus drivers, janitors and other institutional employees, as well as in almost any setting.

It is important for a victim of childhood sexual abuse to understand that you are not alone, and that the abuse was not your fault. 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.

Sexual Abuse in New York and California

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 Zalkin Law Firm, P.C. 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. 

Contact a New York and California Sexual Abuse attorney at the Zalkin Law Firm to discuss your case today!