Steps In a Civil Lawsuit For Sexual Assault Survivors
Steps In a Civil Lawsuit For Sexual Assault Survivors
By Ivvana Iwasykiw
It's been said that "a journey of a thousand miles begins with a single step." For many sexual assault survivors, that first step - coming forward to tell your story - is often one of the most critical, yet difficult to take.
The Initial Consultation Phase
You will have a chance to speak with our client intake specialist, who is a trained social worker. She will collect general information and listen to your story. She will then share your story with our team of sexual abuse lawyers. If we are able to help, she will arrange a time for one of our lawyers to speak with you. Not everyone has the option to sue civilly, and therefore it may not be necessary for lawyers to become involved. However, even if a civil lawsuit is not possible, our client intake specialist may be able to suggest other potential options.
During the initial lawyer call, we will go over your options for civil justice. The primary way our lawyers can help you is by seeking compensation. If this option is right for you, our lawyers will discuss the steps necessary to get you a fair and just result and offer to represent you in a lawsuit if that's the path you choose.
The Investigation Phase
If you choose to proceed with a lawsuit, the next step will be for our team to investigate your claim.
The investigation phase starts by getting to know more about you and your life to date. Your lawyer and clerk will work with you to collect as much information about your life as we can, including having at least one long meeting with your lawyer for a life 'history interview'.
This process is not necessarily a "one and done" discussion. Sometimes we will need to have a few discussions with you about your case and your life.
A lot of work must be done before starting a lawsuit. The investigation phase is a critical part of the justice process. It ensures you have all the evidence needed to strongly support your case.
The Case Review and Survivor's Decision
At the conclusion of the investigations phase, you decide how you wish to proceed.
To assist you in making your decision, the lawyer will assess the evidence collected and provide advice on whether there is enough strong evidence and whether your claim has a chance of success. In some cases, our opinion will be that the evidence is not strong enough to succeed in a lawsuit.
If you choose to proceed with the lawsuit, we then move on the court process to seek compensation.
The Court Process
The court process required for a lawsuit has many steps. A lawsuit can take anywhere from 18 months to three years to complete from start to finish. The length of the case depends on a number of factors.
First, the lawsuit is started when your lawyer files a document with the court called the Statement of Claim. This process can take a few months, especially if the claim is for historical abuse.
Next, there will then be a period called "Discovery". In this step, the evidence collected by your lawyers is disclosed to the Defendants. The Defendants similarly must disclose all the evidence they have gathered.
In most cases, the parties will then attend a mediation before deciding if a trial is necessary. The vast majority of sexual assault cases are settled either at a mediation or before trial. Many of the remaining cases that go to trial settle prior to the court's judgment.
The Conclusion
There are many steps between making initial contact with a sexual assault lawyer and finding your own personal sense of closure. The path is long but, if done right, it can lead you to a better place. And, you should rest assured that you don't have to walk this path alone.
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