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Sexual Abuse
FAQs
Sexual abuse is a
serious social problem that impacts the lives of
many women, children and some men. Sexual crimes
and child sexual abuse causes severe physical,
emotional, and psychological trauma that can
have long-term effects on its victims. If you or
a family member has been sexually abused or
assaulted, your rights have been violated and a
crime has been committed. It is important to
discuss your situation with a qualified
attorney.
Brett & Coats PLLC has a long history of representing
Washington State and Canadian victims of sexual
abuse. We work hard to protect victims and the
community by helping to ensure that sexual
offenders are held accountable for their
actions. And while monetary compensation cannot
change their past, it can help victims and their
loved ones begin to heal and focus on the
future.
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How
do I successfully pursue a sexual abuse claim?
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What types of money damages can
I recover?
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How much is my sexual
abuse/assault claim worth?
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What should I do immediately to
help preserve my claim?
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How should I select a lawyer to
represent me?
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How much will it cost to hire a
lawyer?
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How can I deal with my
immediate medical bills?
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How long do I have to file a
claim?
1. How do I
successfully pursue a sexual abuse claim?
Sexual abuse is
non-consensual sexual behavior. The State of
Washington regards sexual behaviour as
non-consensual when it occurs with those who
are:
- Obviously
intoxicated or incapacitated by drugs or
alcohol,
- Are compelled
by threat of force, force or deception,
- Who cannot
consent or resist because of a mental or
physical condition,
- Who are
coerced by supervisory or disciplinary
authority, and
- Persons under
the age of 18 (the state considers 18 as the
age of consent and those under age 18 are
considered incapable of giving consent).
Childhood sexual
abuse causes long-lasting damage. In Washington
state, "child" or "children"
sexual abuse refers to persons under the age of
18. Washington State's statute of limitations
for filing child sexual abuse is within 3 years
of the act, 3 years of age 18, or 3 years after
discovery. The Washington state criminal code
has a wide range of sexual offenses involving
children that constitute sexual abuse including:
indecent liberties, communication with a minor
for immoral purposes, sexual exploitation, child
molestation, sexual misconduct with a minor, and
rape of a child.
Without proof, you cannot support a claim. At
Brett & Coats PLLC, we conduct interviews
with the compassion and objectivity required to
develop the best claim. Even while we are
developing the case, we ensure that victims and
their loved ones are directed to the services
and support necessary to recover from the trauma
of sexual abuse/assault. Contact us for today
your free case evaluation.
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2. What types
of money damages can I recover?
Victims are entitled to be compensated for their
losses if they have been sexually abused or
assaulted. The justice system's goal is to
attempt to restore those harmed by these
reprehensible acts to their physical and
emotional position prior to their abuse or
assault. While the justice system recognizes
that money cannot undo the harm caused by sexual
crimes, it works to provide fair financial
damages to help compensate for the injury.
Washington state provides Crime Victims
Compensation benefits for abuse survivors who
recover memory and follow specific requirements
to qualify for benefits. Victims are entitled to
seek damages for the cost of past and future
therapy, loss of childhood, long-term emotional
damages and failure to fulfill potential. Claims
can include assault and battery, unlawful
restraint, intentional or negligent infliction
of emotional distress, and invasion of privacy.
Premises liability claims can be made for sexual
assaults in unsecured properties.
To support your claim, your attorney will obtain
your complete written medical records from all
health care providers so that the insurance
company (and you) can see the doctor's diagnosis
and recommended treatment for your injury. Your
lawyer will meet regularly with physicians to
review the records and help them to address the
insurance company's requirements in order to pay
for future medical care.
It is important
to remember that there is a one time lump sum
payment for future medical care paid at
settlement. Once a claim is settled, it is not
generally possible to reopen the claim. At Brett & Coats, PLLC, we are careful to avoid
settlement until we know all of our client's
future medical needs.
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3. How much is my
sexual abuse/assault claim worth?
There are two
ways to estimate the monetary settlement value
of a claim, and our attorneys recommend that
both be used to achieve success in a sexual
abuse/assault claim.
To find a total
claim value, add up the amounts you are entitled
to for medical expenses to date, future medical
expenses, lost earnings to date, failure to
reach potential and general damages for pain and
suffering. Since damages such as general damages
for pain and suffering are difficult to
evaluate, the second method of assigning a
monetary settlement value is used. Your attorney
will review state, regional and national
publications and computerized databases to find
similar claims with similar injuries and similar
liability patterns to develop a statistical
analysis of your claim's value. At Brett & Coats PLLC, we offer a free case evaluation to
determine the likelihood of a recovery and the
likely range of any recovery. Contact
us for your free case evaluation.
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4. What should I
do immediately to help preserve my claim?
Work to keep your
claim alive until you can select a proven
personal injury attorney. To support your claim
before you meet with an attorney, it is
important to preserve evidence and protect your
negotiating position. By documenting the abuse
or assault and related injuries, you are
substantiating your claim and providing your
chosen attorney with a head start on your legal
strategy.
If you have been
sexually abused or assaulted, the first step in
preserving evidence is to forgo bathing or
brushing your teeth. Preserve any articles of
clothing or jewelry worn during the attack.
Write down all of the details that you can
recall about the attacker and the attack. Take
photographs of the place where the attack
occurred and take pictures of injuries. Do not
attempt to interview witnesses to the event,
instead, record their names, addresses and phone
numbers. Also be sure to keep a daily journal
beginning with the date of the incident to
document all physical and mental injuries, as
well as your perspective of the event(s). Bring
all of this to your lawyer once you have
selected one.
Next, preserve
your negotiating position. Do not sign anything
without representation. Do not give a written or
oral statement to anyone other than law
enforcement and your attorney. As you are in the
process of preserving evidence and protecting
your negotiating position, you can also invest
the time to find an experienced, proven personal
injury lawyer.
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5. How should I
select a lawyer to represent me?
When you select a
lawyer to represent you in a personal injury
claim, consider three factors:
Does this lawyer
have a reputation for excellent legal ability
and high ethical standards? The
Martindale-Hubbell Law Directory is a
twenty-four volume set listing almost all of the
lawyers in the United States and rating their
legal ability as A (very high to preeminent), B
(high to very high), C (fair to high) or no
rating. A rating of V is given for high-ethical
standards. At Brett & Coats PLLC, we are
proud of our Martindale Hubbell AV rating, the
highest available. The Martindale-Hubbell
directory is also available online at www.Martindale-Hubble.com. But you don't have to
rely solely on a publication. You can ask people
in our community who have experienced the legal
system, talk with someone who works in the
courthouse, or discuss your situation with
someone experienced in sexual abuse and assault
claims. Ask a number of people to see if any
particular name keeps coming up. Also, look at
the Brett & Coats PLLC attorney profiles
to see that our firm's attorneys are well
qualified to handle your claim. For example,
Dean Brett has repeatedly been selected as a
"Superlawyer" by Washington Law &
Politics Magazine, and has been selected as a
Fellow of the American College of Trial Lawyers.
Dean Brett has
served on the Board of Governors of the
Washington State Trail Lawyers Association, the
state-wide group dedicated to fighting for
victims of negligence.
Does this lawyer
have experience handling sexual assault and
abuse claims? You need to hire an experienced
lawyer with the credentials to effectively
represent your interests. Relatively few lawyers
devote most of their practice to representing
individuals with claims for personal injury or
sexual assault and abuse. Before you hire a
lawyer, you should know how many times the
attorney has actually gone to court on a sexual
assault or abuse claim. Don't allow the lawyer
to answer your questions with generalizations.
Ask for specific cases with specific results.
Remember, when you talk to a lawyer you are
interviewing them for a job working for you.
Look at their resume. You may also be interested
in looking at our results case
results.
Does this
attorney inspire trust and confidence? You
should hire a lawyer in whom you feel
comfortable placing your trust and confidence.
Remember, the lawyer is going to be employed by
you, to represent you. You need someone easy to
talk to, someone who will explain and counsel
you on your situation. The best way to determine
your comfort level is to personally meet the
lawyer. If you want to take things a step at a
time, talk to the lawyer on the phone and test
your comfort level prior to scheduling an
appointment. At Brett & Coats PLLC, we
offer a free case evaluation to help determine
the likelihood of a successful claim and the
likely range of any financial recovery. This is
an excellent opportunity to decide if you are
comfortable placing your trust and confidence in
a personal injury lawyer at Brett & Coats PLLC. Contact us for your free case
evaluation.
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6.How much will
it cost to hire a lawyer?
At Brett & Coats PLLC, our clients have a choice in how
they pay for legal services. We can charge on an
hourly basis or on a contingency fee.
If you choose to
hire us on an hourly basis, we will track the
time our lawyers and paralegals spend on your
case and bill you monthly. Our hourly rates
range from $225 for lead trial attorneys to $185
for associate trial lawyers and $80 for
paralegals. On hourly billings, there are two
basic rules: all fees and costs must be paid
monthly and our firm is paid regardless of
whether your claim is won or lost.
With a
contingency fee arrangement, we are paid
one-third of any recovery by settlement or
judgment. If there is no recovery, you owe us
nothing for our legal services. However, you
must pay your own costs, such as the charges
doctors make for providing records and reports,
out of the money you receive when the case is
settled.
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7. How can I deal
with my immediate medical bills?
To ensure that
you continue to receive the highest quality
medical care and to protect your credit, it is
important to immediately pay medical bills. As a
part of our representation in your sexual abuse
or assault personal injury claim, Brett & Coats PLLC will manage payment of your medical
bills. Your priorities are to find the best
medical care, follow your doctor's advice,
strive to reach the best possible recovery, and
send all your bills to the Brett & Coats PLLC office. In turn, we will coordinate the
paperwork to obtain payment of those medical
bills through your own medical coverage; state
and federal medical payment programs; or by
arranging with your health care providers to
hold collection until you receive your
settlement.
Your good health
and emotional security are too important to
sacrifice quality medical care because of
financial considerations. Take care of your
health first and your Brett & Coats PLLC
attorney will coordinate payment of your medical
care as part of our service in your personal
injury claim.
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8. How long do I
have to file a claim?
All claims or
causes of action based on intentional conduct
brought by any person for recovery of damages
for injury suffered as a result of childhood
sexual abuse shall be commenced within the later
of the following periods:
- Within three
years of the act alleged to have caused the
injury or condition, or
- Within three
years of the time the victim discovered or
reasonably should have discovered that the
injury or condition was caused by said act,
or
- Within three
years of the time the victim discovered that
the act caused the injury for which the
claim is brought.
Do not delay in
contacting a Brett & Coats PLLC attorney.
We offer a free case evaluation to determine the
likelihood of a recovery and the likely range of
any recovery. Contact
us today.
The information
contained on this Website is offered as a
service to educate the public and encourage
accident victims to seek legal advice. The
following information should not be considered
as legal advice or applied to an individual
legal situation. For expert counsel on your
legal situation, consult with an experienced
Brett & Coats PLLC personal injury
attorney.
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