Curious about what factors determine sexual abuse settlement payouts?
The reality is every case is different. Some survivors receive settlements in the thousands. Many fortunate survivors win millions.
So what gives? What factors impact payout amounts?
Let's dive in…
Understanding the factors that impact sexual abuse settlements can help survivors have realistic expectations. This also can help when working with lawyers to file a claim and pursue the strongest case possible.
In this article we cover:
- What factors determine sexual abuse settlement amounts?
- The factors that impact payout amounts
- Why institutional sexual abuse cases often pay out more
- The role that evidence plays in your settlement amount
Ready?
What Factors Determine Sexual Abuse Settlement Amounts?
Factors that determine sexual abuse settlement payouts work together to reach a final amount.
There is no definite answer to this question because every situation and case is unique.
However…
It still does you no good to know that sexual abuse settlements vary greatly. Understanding what factors impact settlement amounts can help survivors know what to expect when pursuing a claim.
Sexual abuse settlements depend on many factors. These factors include abuse severity, survivor's age at the time of the crime, extent of provable psychological damage, evidence, and many other factors.
The average settlement amount for sexual abuse cases can vary drastically…
Well according to our recent research the average sexual abuse settlement falls between $30,000 to $50,000 for run-of-the-mill cases. That is if you can prove your case.
However…
Childhood sexual abuse cases against negligent institutions now settle between $450,000 to $950,000 on average. There are plenty of reasons that impact this number.
Let's discuss exactly what impacts sexual abuse settlement amounts.
The Factors That Impact Sexual Abuse Settlement Amounts
Abuse Severity
The abuse's length and severity matter.
Why? Longer abuse results in more trauma. The worse the abuse, the more significant physical and emotional damage that occurs.
And physical and emotional damage equals more money.
Sure…
A single incident of sexual abuse could cause severe trauma. It may not happen as often though. Abuse that occurs continually for years falls at the higher end of settlements.
Survivor's Age
If the survivor was a minor during the time of the abuse, it will likely increase settlement amounts.
Children are susceptible to many more things than adults. Childhood sexual abuse can cause lifelong trauma to a person's mental development.
Factor in the mental abuse that comes along with telling your parents or someone you looked up to that you were sexually abused.
Psychological Impact
Provable psychological impact plays a major role in any sexual abuse case.
Can you show your abuse resulted in you needing ongoing psychological care? Do you have documentation from medical professionals? Here are some things that will help.
- Medical documentation showing you sought treatment for your trauma
- Records from your therapist stating you live with long-lasting psychological effects from your abuse
- Diagnoses of PTSD, anxiety, depression, etc.
- Documentation of substance abuse you engaged in because of your trauma
You get the idea…
Camp cases with concrete evidence of psychological damage will be awarded higher settlements.
Evidence
Sexual abuse cases with concrete evidence result in higher payouts.
What constitutes as good evidence?
Well it depends on the circumstances of the case. However, having eyewitnesses, medical records, documented history with the perpetrator within the institution, or institutional cover-ups will help.
The stronger your case, the more you'll get.
Remember…
Sexual abuse that has physical evidence that can be processed, previous complaints about the perpetrator, or eyewitnesses dramatically increase your ability to settle for higher amounts.
Why Do Sexual Abuse Cases Against Institutions Pay Out More?
In many cases, sexual abuse that involves schools, hotels, churches, camps, companies, government facilities, or other institutions results in higher payouts.
Why?
Because institutions have money and they don't want the bad press.
When an institution looks out for the people in their care, failures in that duty can result in large payouts.
Here are two recent examples.
Los Angeles County agreed to pay $4 billion to nearly 7,000 children who were sexually abused by county employees and officials.
The Boy Scouts of America reached a $2.46 billion settlement in February 2022 to resolve more than 82,000 childhood sexual abuse claims.
Just because an institution was involved doesn't automatically mean you are entitled to a higher settlement.
However…
If you can prove your abuser was "enabled" by an institution or they knowingly sat on information about your abuse and did nothing, you may be eligible for a higher settlement amount.
Institutional Cover-Ups
Sexual abuse that has been covered up by an institution will result in higher payouts.
Covering up sexual abuse means institutions didn't care about your wellbeing or safety.
And when that happens, punitive damages are often awarded in addition to settlement amounts.
If you were sexually abused as a child and your parents, school, or authorities covered up the abuse, you will likely receive a higher settlement.
How Does Evidence Impact Sexual Abuse Settlement Amounts?
As mentioned earlier, having a strong case will greatly increase your chances of a higher payout.
Sexual assault is hard to prove…
Unless you have solid evidence.
Evidence that could greatly impact your settlement amount:
- Recent medical records that document your injuries
- Police reports that were filed near the time of your abuse
- Witnesses that saw behavioral changes or other signs
- Institutions that failed to act on previous complaints
- Previous complaints against the same perpetrator
Legal Representation
Did you hire a reputable attorney to handle your case?
If not, now is the time.
Experienced attorneys know how to properly build a case given the evidence you provide them. They know how to negotiate with insurance companies and opposing counsel.
Plus…
They know how to navigate the sometimes tricky statute of limitations for sexual abuse cases. All of these factors allow your attorney to maximize your settlement amount.
Your state's laws also play a factor.
Some states have abolished the statute of limitations on childhood sexual abuse cases. Other states uphold strict guidelines on how long you have to file a claim.
Did you know…
Some states cap punitive damage awards. They also have varying standards of what you must prove to show negligence. States also have different lookback windows.
All of these things factor into what you could recover from your abuser.
What Should You Actually Expect?
Again, every case is different. But you should know realistic expectations based on recent settlements.
Here is what our research showed…
- Sexual abuse claims that have caused emotional trauma but lack proper documentation ranged between $250,000 to $750,000
- Cases that required lifelong therapy and caused extreme psychological distress fell between $750,000 to $2 million
- Lawsuits filed against institutions that were negligent averaged $2 million to $10 million +
There are always going to be outliers. But research from Consumer Shield showed nursing home sexual assault claims average between $75,000 and $1 million. Workplace sexual assault cases average much lower.
Bringing it All Together
Factors that determine sexual abuse settlement amounts are going to vary from case-to-case.
The severity of your abuse and how long it lasted can increase your settlement. The age at which you were abused matters as well. If you were unable to properly care for yourself at the time of your abuse and can show concrete evidence of psychological trauma then you will likely receive a higher payout.
Sexual abuse cases that involve institutions typically payout more. If your abuser was "enabled" by an institution or they covered up your abuse, you will likely receive a higher settlement amount.
PRO TIP: Having a skilled attorney on your side can also increase your chances of a higher payout.
