New Orleans Sexual Abuse Lawyer

New Orleans Sexual Abuse Attorney

Unfortunately, people act with ill intent towards one another every day. Arguably one of the most heinous acts one person can do to another is sexually abuse them. If you have been a victim of sexual abuse, you can file both criminal charges and a civil case against your abuser. A New Orleans sexual abuse lawyer can help you understand your options and aid you in navigating this very difficult process.

Sexual abuse is always devastating for its victims, leaving them with physical injuries, deep emotional and mental trauma and distress, and so much more. It often takes years for sexual abuse victims to move forward with their lives. While the physical injuries may heal, the emotional and mental scars remain. Navigating a civil claim can be incredibly difficult for individuals, but having the support of the right attorney can make it easier.

Compassionate Representation With Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C.

At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., our attorneys understand the magnitude and impact sexual abuse can have on a victim. We take these cases extremely seriously, treating them and sexual abuse survivors with the level of care, respect, and due diligence that they deserve.

Sexual abuse cases are always complicated. Fortunately, the attorneys at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. have assisted sexual abuse victims in both Louisiana and Mississippi. Through our seven decades of experience, we have acquired a thorough understanding of the legal implications of sexual abuse, and we will treat it with the sensitivity and seriousness needed to ensure that justice is served.

Our knowledge, experience, and understanding give us an advantage in the courtroom that very few law firms have.

What is Sexual Abuse?

While it varies from state to state, the general definition of sexual abuse is any non-consensual sexual act, where the abuser uses force, coercion, threats of violence, or takes advantage of an individual that cannot or does not consent. The perpetrator can be someone the victim knows (such as a family member, friend, co-worker, or teacher) or a complete stranger.

“Sexual abuse” encompasses more than rape. It can be any unwanted sexual act forced upon an individual against his or her will. Unfortunately, these acts are rarely crimes of passion, and abusers use them to assert control over a victim. Under no circumstances are sexual abuse survivors at fault for the abuse they endured.

In many cases, sexual abuse victims do not report abuse because they do not know if what happened to them is assault, or they fear that the authorities will not believe them. While women and children are often victims of sexual abuse, men can also experience abuse.

Understanding Sexual Abuse Offenses in New Orleans

In New Orleans, in 2019, there were 774 reported cases of rape. However, not only did the Federal Bureau of Investigation determine that the agency’s data was underreported in New Orleans, but many cases of sexual assault and abuse were not reported. It is estimated that 63% of sexual assault cases are unreported, while the Bureau of Justice Statistics has reported that between 64% to 74% of sexual assaults and rape offenses were unreported.

New Orleans had a rape offense rate of 196.2 per 100,000 population, compared to the statewide rate of 48.9 per 100,000 inhabitants. If you have been a victim of sexual abuse, you can file criminal charges against your abuser in addition to filing a civil claim for financial damages. The City of Baton Rouge Police Department is located at 9000 Airline Highway. Their non-emergency number is (225) 389-2000, and their information number is (225) 389-3800.

What Damages Can You Recover in a Sexual Abuse Civil Case?

The damages you could recover in a civil claim for sexual abuse include both economic and non-economic damages that you sustained, addressing the physical, emotional, and psychological damage of these criminal offenses. Economic damages are financial losses with clear monetary values, while non-economic damages do not have clear values but are legally recognized losses of mental and emotional damage. The damages you could recover in a claim include:

• Medical expenses, including counseling
• Lost wages and lost earning potential
• Emotional trauma
• Pain and suffering
• Reduced enjoyment of life

There may be other damages available, depending on your circumstances, your jurisdiction, and whether the claim is against a person or an institution. When you work with an attorney, they have significant experience calculating personal injury damages and can help you assess your damages. This is not easy to talk through, but it is important to hold the at-fault party fully accountable.

The value of a settlement or verdict can vary, with the biggest variable being the severity of your damages.

Physical injuries that change the rest of your life often result in higher treatment and long-term care costs, and this requires higher compensation. Offenses committed against minors or as part of a sex trafficking case may have much higher compensation due to the significant emotional trauma. An attorney can help you understand what full and fair compensation should be for your case.

How Does an Attorney Help With a Sexual Abuse Claim?

Pursuing a case, whether it is a civil claim, criminal charges, or both, is a very difficult thing for victims of sexual abuse. It can involve difficult situations like going over the scene of the offense and reviewing the injuries you suffered. This can be retraumatizing for many people. You don’t have to go through this process alone. When you work with an attorney, they can walk through your case with you and handle aspects of the case for you.

An attorney offers you essential support while evidence is gathered, while parties negotiate the case, and if the case goes to court. They help you understand each step of the process, protecting your rights and holding the at-fault party liable. An attorney can also:

• Assess the full value of your damages
• Secure documentation of the damages
• Investigate the circumstances of the offense
• Gather evidence, such as medical documentation and eyewitness accounts
• Filing paperwork accurately and by any deadline
• Discussing with expert witnesses

An attorney fights for the most beneficial outcome for your case, potentially maximizing the compensation you can recover. It’s important to find legal representation that you feel comfortable with and that you can trust with this personal case.

FAQs About New Orleans, LA Sexual Abuse Law

How Much Is a Sexual Abuse Case Worth?

The value of a sexual abuse civil case will rely on many factors. Successful cases often result in substantial settlements due to the physical and psychological impact of these offenses, especially when the abuse has led to disability, a sexually transmitted disease, or pregnancy. The value of your case will depend on the specific damages suffered, as well as the amount of supportive evidence and the effectiveness of your legal representation.

What Type of Lawyer Handles Sexual Abuse Cases?

Civil claims for sexual abuse are handled by personal injury attorneys. In a personal injury case, you can hold someone responsible for the harm they caused you due to negligence, misconduct, or a criminal act.

It’s important to work with a personal injury attorney who has experience in sexual abuse cases and understands the care, compassion, and confidentiality these cases require. An experienced attorney can help you better investigate the offense and navigate your claims process.

How Can You Help Someone Who Has Been Sexually Abused?

It’s important to offer support and compassion when someone you know has been sexually abused, although it can be challenging to know the right things to say. Tell them you are there if they want to talk, and listen to them without interrupting if they talk with you. Avoid being judgmental. It can be useful to provide resources and inform them of their options for reporting, but not to pressure them to do so.

What Is the Statute of Limitations on a Personal Injury Sexual Abuse Case?

Filing a personal injury claim for sexual abuse has a statute of limitations of two years. This is a statute of limitations different from that for filing criminal charges, which has a significantly longer statute of limitations. If you do not file a civil claim within this two-year time period, you will lose your ability to recover damages in this claim. However, criminal charges are still possible, and some cases could result in restitution.

Working With Dedicated Personal Injury and Sexual Abuse Attorneys

At Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., we recognize the sensitivity of these cases, which is why we will keep the details of your case confidential. We understand how devastating sexual abuse can be for victims, which is why we treat these cases with a level of care and respect that is unmatched.

Through our decades of experience across various legal areas, we possess the legal prowess and skills to handle your case thoroughly and efficiently. If you or someone you love was the victim of sexual abuse, contact Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C., and let us help.