How to Calculate and Prove the Damages That You Have Suffered as a Result of Sexual Abuse?
How to Calculate and Prove the Damages That You Have Suffered as a Result of Sexual Abuse?
Sexual abuse is a traumatic and devastating experience that can cause physical, emotional, and psychological harm to the victim. If you have been sexually abused by someone, you may be entitled to seek compensation for your losses from the perpetrator or other liable parties. However, calculating and proving the damages that you have suffered as a result of sexual abuse can be a complex and challenging process, especially if the abuse occurred a long time ago or was not reported to the authorities. In this article, we will discuss some of the steps and tips that can help you get the compensation you deserve for your sexual abuse injury.
Types of Damages in a Sexual Abuse Injury Claim
Damages are the legal term for the losses that you have incurred or will incur because of the sexual abuse. Generally, there are two main types of damages in a sexual abuse injury claim: economic damages and non-economic damages.
1. Economic Damages
Economic damages are the tangible and quantifiable losses that you can prove with documents, records, or receipts. They include:
1. Medical expenses, such as the costs of treatment, medication, therapy, counseling, and surgery that you have paid or will pay for your physical and mental injuries caused by the sexual abuse.
2. Lost income, such as the wages, tips, bonuses, commissions, and benefits that you have lost or will lose because of your inability to work or reduced earning capacity due to the sexual abuse.
3. Other expenses, such as the costs of transportation, childcare, household services, education, or legal fees that you have incurred or will incur as a result of the sexual abuse.
2. Non-Economic Damages
Non-economic damages are the intangible and subjective losses that you cannot easily measure or quantify. They include:
1. Pain and suffering, such as the physical pain, emotional distress, anxiety, depression, fear, anger, humiliation, and loss of enjoyment of life that you have experienced or will experience because of the sexual abuse.
2. Permanent disability or disfigurement, such as any impairment or scarring that affects your ability to function normally or affects your appearance as a result of the sexual abuse.
3. Loss of consortium, such as the loss of companionship, affection, intimacy, and support from your spouse or partner as a result of the sexual abuse.
How to Calculate the Damages in a Sexual Abuse Injury Claim
The calculation of the damages in a sexual abuse injury claim can vary depending on the nature and severity of your injury, the circumstances of your abuse, and the laws of your state or country. There is no fixed formula or standard to determine the value of your claim, but there are some methods and factors that can help you estimate your damages.
Total Settlement Value = Total Economic Damages + Total Non-Economic Damages
1. Economic Damages
To calculate your economic damages, you need to add up all the expenses and losses that you have incurred or will incur because of the sexual abuse. You need to have evidence to support your calculation, such as:
1.Medical records and bills that show the diagnosis, treatment, and cost of your injury.
2. Pay stubs, tax returns, and employer statements that show your income before and after the abuse.
3. Receipts, invoices, and estimates that show any other expenses related to your abuse, such as property damage, transportation, or home modifications.
4. Expert opinions from doctors, economists, vocational specialists, or life care planners that can estimate your future medical needs, lost earning capacity, or reduced life expectancy.
You should keep all these documents in a safe and organized place, and make copies for your own records. You should also avoid signing any releases or waivers that could limit your access to your medical or financial information.
2. Non-Economic Damages
To calculate your non-economic damages, you need to assign a monetary value to your pain and suffering and other intangible losses. This can be more difficult and subjective than calculating your economic damages, as there is no clear or objective way to measure your non-economic damages. However, there are some methods that are commonly used to estimate your non-economic damages, such as:
1. The multiplier method, which involves multiplying your economic damages by a number between 1.5 and 5, depending on the factors of your case. For example, if your economic damages are $100,000 and you use a multiplier of 3, your non-economic damages would be $300,000.
2. The per diem method, which involves assigning a daily rate to your pain and suffering, and multiplying it by the number of days that you have been or will be affected by your abuse. For example, if you assign a daily rate of $200 and you have been in pain for 500 days, your non-economic damages would be $100,000.
These methods are not precise or official ways to calculate your non-economic damages, but they can give you a rough idea of what your claim is worth. However, you should be aware that insurance adjusters and lawyers may use different methods or factors, and that some courts may not accept these methods.
How to Prove the Damages in a Sexual Abuse Injury Claim
To prove the damages in a sexual abuse injury claim, you need to show that the sexual abuse caused your injury, and that your injury resulted in your losses. You need to have evidence to support your claim, such as:
1. Medical records and bills that show the diagnosis, treatment, and cost of your injury.
2. Pay stubs, tax returns, and employer statements that show your income before and after the abuse.
3. Receipts, invoices, and estimates that show any other expenses related to your abuse, such as property damage, transportation, or home modifications.
4. Photos, videos, and witness statements that show the extent and impact of your injury, such as your pain, suffering, disability, or disfigurement.
5. Expert opinions from doctors, economists, vocational specialists, or life care planners that can estimate your future medical needs, lost earning capacity, or reduced life expectancy.
6. Testimony from yourself, your family, your friends, or your therapist that can describe your physical and emotional condition, your quality of life, and your relationship with others before and after the abuse.
You should present your evidence in a clear and convincing manner, and explain how your evidence relates to your damages.
You should also anticipate and counter any arguments or defenses that the liable party or their insurance company may raise, such as:
1. The sexual abuse did not occur or was consensual.
2. The sexual abuse did not cause your injury or your injury was pre-existing or aggravated by other factors.
3. The sexual abuse did not result in your losses or your losses were exaggerated or unreasonable.
4. The statute of limitations for your claim has expired or you failed to mitigate your damages.
Conclusion
Calculating and proving the damages that you have suffered as a result of sexual abuse can be a daunting task, but it is essential to get the compensation you deserve for your injury. By following these steps and tips, you can increase your chances of getting a fair and reasonable settlement or verdict. However, if you are not satisfied with the settlement offer, or if the liable party denies or disputes your claim, you may need to file a lawsuit and go to trial. In that case, you should hire a sexual abuse injury lawyer who can represent you and fight for your rights.
