An attorney can explain how to sue for emotional distress after being sexually assaulted. Emotional distress claims allow survivors to seek compensation for the psychological harm caused by the trauma.
These cases often involve gathering evidence like medical records, therapy notes, and witness statements to demonstrate the impact on the survivor’s mental health. A Los Angeles sexual abuse lawyer can help survivors understand their legal options and the steps involved in filing a claim.
While physical evidence is not required, having legal guidance can help build a strong case and identify all potential sources of compensation.
What Emotional Distress Damages for Sexual Assault Covers
Survivors of sexual assault can file a civil lawsuit to seek emotional distress damages, holding the perpetrator accountable for the psychological harm caused. These damages aim to provide financial support for the survivor’s recovery and address the impact of the trauma.
Compensation often covers:
- Therapy and counseling costs: Survivors may require ongoing treatment, such as therapy, counseling, or psychiatric care, to support their mental health.
- Loss of income or earning capacity: Emotional distress can impact a survivor’s ability to work, whether due to mental health challenges or time taken off for recovery. Compensation may address lost wages or reduced future earning potential.
- Pain and suffering: This includes compensation for the emotional pain, anxiety, depression, PTSD, or other psychological conditions resulting from the assault.
- Loss of enjoyment of life: Emotional distress may prevent survivors from participating in activities or relationships they once enjoyed, and damages can reflect this loss.
A Los Angeles personal injury lawyer can help survivors build a strong case by gathering evidence, assessing damages, and representing them in negotiations or court. With legal support, survivors can pursue justice and obtain the resources needed for their healing journey.
Evidence Needed to Sue for Emotional Distress After Being Sexually Assaulted
Survivors of sexual assault seeking damages for emotional distress do not need physical evidence to file a lawsuit. Emotional distress claims focus on the psychological harm caused by the trauma, which can be demonstrated through other forms of evidence. Examples include:
- Medical records: These may include documentation from doctors or specialists that show the survivor’s mental or physical health challenges resulting from the assault.
- Mental health evaluations: Reports from therapists, counselors, or psychologists can outline the emotional impact of the assault, such as anxiety, depression, or PTSD.
- Witness testimony: Statements from family members, friends, or coworkers who observed changes in the survivor’s behavior, emotional state, or overall quality of life can provide valuable insight.
- Personal journals or written accounts: Notes or diaries written by the survivor that detail their emotional struggles and the ongoing effects of the trauma can also serve as compelling evidence.
While physical evidence is not required, presenting thorough and credible documentation of the emotional harm can strengthen a case.
A Los Angeles sexual abuse attorney can assist survivors in gathering this evidence, building a compelling claim, and advocating for their right to compensation.
How Long Do Survivors Have to File a Claim?
Survivors of sexual assault in California have access to some of the most survivor-friendly legal timelines in the country, allowing them to pursue justice on their terms.
California law recognizes that coming forward can take time, which is why the state has extended its statute of limitations for both child and adult sexual assault claims.
For Survivors Under 18 at the Time of the Assault
Survivors who experienced sexual abuse as children (under 18) generally have until their 40th birthday or five years from the date they discovered the abuse to file a lawsuit, whichever is later. This extension was established under Assembly Bill 218.
For incidents that occur on or after January 1, 2024, child survivors are no longer bound by any statute of limitations. This means they can file a claim at any time in their lives, thanks to Assembly Bill 452.
For Survivors Over 18 at the Time of the Assault
Adult survivors typically have 10 years from the date of the assault or three years from discovering the assault or its effects to file a lawsuit (California Code of Civil Procedure 340.1).
Survivors of sexual assault that occurred on or after January 1, 2009, may be eligible to file under the lookback window created by Assembly Bill 2777.
This temporary window, which is open from January 1, 2023, to December 31, 2026, allows survivors to file a claim even if the standard statute of limitations has passed.
What if the Assault Involved an Institution?
In cases where an institution, such as a school, workplace, or religious organization, attempted to cover up the assault, survivors may have been eligible under a shorter one–year window that ended on December 31, 2023.
California’s extended statutes of limitations and lookback windows are designed to give survivors the time and space they need to decide whether to come forward. These laws reflect the understanding that the effects of trauma can delay a survivor’s decision to pursue justice.
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We Can Help You Sue for Emotional Distress After Being Sexually Assaulted
Knowing how to sue for emotional distress after being sexually assaulted can help you seek justice, hold the perpetrator accountable, and secure the compensation you deserve to support your healing journey.
At Arias Sanguinetti, our team of compassionate and dedicated attorneys brings over 300 years of combined experience to every case.
We understand the courage it takes to come forward, and we are here to guide you every step of the way. We will do everything in our power to protect your safety and fight for the justice you deserve.
If you’re ready to take the next step or simply want to learn more about your legal options, contact us for a free and confidential consultation. You are not alone—our team is here to support you.
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