Sexual abuse or sexual assault can have devastating long-term effects on individuals and their loved ones. Medical and mental health expenses, trauma and emotional distress, lost wages, relationship issues—all of this can result from the horrors of sexual harm and misconduct at the hands of others.
If you or a loved one is a survivor of sexual assault or sexual abuse, it’s essential to understand your rights. That includes your right to hold guilty parties accountable.
It’s also important to understand why you need a personal injury attorney in your corner to help you explore your options and attain the compensation you deserve.
Tiano O’Dell wants you to know your rights. We also want you to know that we’ll work with and fight for you to seek justice and healing and help restore your dignity and peace of mind.
Know Your Rights
Even if criminal charges are prosecuted against the perpetrator or institution responsible for the sexual assault, you also have the option to file a civil sexual abuse claim.
A civil claim is separate from a criminal case and focuses on holding the perpetrator or negligent third party (e.g., institution) financially accountable.
Given the nature of sexual abuse cases, West Virginia law, as stated in West Virginia Code § 55-2-15, provides extended timeframes for filing civil sexual abuse claims. This is especially true for minors, who may have until their thirty-sixth birthday to pursue a civil action.
Exceptions and interpretations can vary, however. An attorney can help you determine how the statute is applicable to your situation and if you will have a pursuable civil case.
Understand the Breadth of Liability
In addition to the perpetrator, civil lawsuits can target any organization that allows the abuse to happen. Organizations can be liable for failing to do background checks, negligent hiring, ignoring warning signs, failing to report misconduct, or actively covering up abuse.
Types of organizations against which civil lawsuits can be brought include schools, religious institutions, foster care agencies, youth programs, medical providers, and employers.
Their negligence, lack of oversight, or cover-ups can constitute grounds for an institutional failure case, in addition to a civil case brought against the perpetrator.
The Type of Compensation You May Be Entitled to Receive
Survivors may be entitled to compensation for a wide array of expenses or damages, including:
- Medical expense
- Therapy and psychological treatment
- Psychological Harm
- Pain and suffering
- Lost wages or diminished earning potential
A personal injury attorney can help you determine the scope and amount of compensation you may be entitled to and should pursue.
How to Select the Right Personal Injury Attorney
If you are considering civil action, you need an attorney who is caring, compassionate, knowledgeable and experienced.
You’ll also want an attorney who understands your need to be heard and supported—and will respect your privacy while fully assessing and appreciating the difficulty and costs associated with your recovery.
The personal injury attorneys at Tiano O’Dell have extensive experience with sexual assault and sexual abuse cases. Our team understands how the system works, and we have a reputation for discretion and compassion, and for working tirelessly for our clients.
Our sex abuse lawyers handle a wide range of cases, including:
- Clergy abuse in churches or religious organizations
- Sexual misconduct in foster care and group homes
- Abuse in youth programs, sports leagues, or camps
- Assaults by doctors, nurses, or mental health professionals
- Abuse in juvenile detention centers or residential treatment facilities.
We have a track record for securing the compensation survivors and their families deserve. Our legal team has successfully recovered millions of dollars for clients in personal injury cases across West Virginia.
Learn more about our sexual abuse lawyers and our personal injury practice.
Speak with a Sexual Abuse Lawyer About Your Case
Contact the Tiano O’Dell office online or call (304) 915-0823 for a free, confidential consultation. We will listen without judgment, answer your questions, and help you take the next step toward justice and healing.
