Deciding to take legal action after child abuse is an incredibly brave and significant step for survivors. While filing the complaint might feel like a major hurdle, it is actually only the beginning of a multi-stage legal process. Understanding what happens after filing a child abuse lawsuit, from investigation to potential resolution, can help prepare you for the journey ahead and empower you to navigate each phase with confidence.
What Happens After Filing a Child Abuse Lawsuit?
Filing a lawsuit is just the beginning. Survivors often feel overwhelmed by what comes next—but understanding each phase can bring clarity and strength. Here’s what to expect.
What to expect after filing your case:
- Complaint and response: The case begins when your lawyer files a complaint and the defendant is formally notified. They typically have 20–30 days to respond.
- Discovery phase: Both sides exchange evidence—like records, witness statements, and depositions—to build their case and evaluate potential settlement.
- Pre-trial and settlement talks: Legal motions and negotiations often take place before trial. Many cases settle at this stage for privacy, speed, and survivor control.
- Trial (if necessary): If no agreement is reached, your case may go to trial where a judge or jury decides the outcome.
- Appeals and compensation: If you win, the defendant may appeal. Your legal team will also work to ensure the damages awarded are collected.
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The Initial Phase: Complaint and Response
Once you and your lawyer have prepared and formally filed the complaint with the court, the legal process officially begins. This document outlines the details of the abuse, the parties who are alleged to be responsible (both the individual abuser and any negligent institutions), and the financial damages you are seeking. The next technical steps include:
- Service of Process: After filing, the legal complaint and a summons are formally delivered to the defendant(s). This is known as "service of process," and it officially notifies them of the lawsuit.
- Defendant's Response: The defendant(s) typically have a limited amount of time, usually 20-30 days, depending on the jurisdiction. to respond to the complaint. Their response, often called an "answer," will either admit or deny the allegations and may include legal defenses. In some cases, the defendant might file a motion attempting to have the case dismissed. Your legal team will respond to any motions and advocate for your case to move forward.
The Discovery Phase: Gathering and Exchanging Information
The discovery phase is a critical and often lengthy part of a civil lawsuit, where both sides gather and exchange information and evidence relevant to the case. This phase is designed to prevent surprises at trial and encourage fair settlements. It can involve various tools, such as:
- Interrogatories: These are written questions for each party to answer under oath. They typically ask for factual information, witness identities, and details about claims or defenses.
- Requests for Production of Documents: This is a formal request for documents, such as medical records, therapy notes, school records, employment history, internal institutional policies, emails, or any other tangible evidence related to the abuse or its impact. Institutions, like the LDS Church, may be compelled to produce internal records related to their knowledge of the abuser, past complaints, and their handling of abuse allegations.
- Depositions: These sworn, out-of-court testimonies are given by parties and witnesses. A person giving a deposition (the "deponent") answers questions from the opposing attorney under oath, with a court reporter present to transcribe the testimony. Your legal team will thoroughly prepare you for any deposition, ensuring you feel supported and ready.
- Requests for Admission: These are written requests asking the opposing party to admit or deny certain facts or the authenticity of documents. Admissions can streamline the trial process by narrowing down the disputed issues.
The discovery phase is meticulous and can take several months to over a year, depending on the complexity of the case, the number of parties involved, and the volume of information to be exchanged. This phase is crucial for building a strong case and can often reveal whether a settlement is possible.
Pre-Trial Motions and Settlement Discussions
As discovery progresses, the legal teams continuously evaluate the strength of the case. This period often sees an increase in pre-trial motions and active settlement negotiations.
- Pre-Trial Motions: Attorneys may file various motions with the court to address legal issues, exclude certain evidence, or seek summary judgment (asking the court to rule in their favor without a full trial because the facts are not in dispute).
- Settlement Negotiations: Most civil lawsuits, including child abuse cases, are resolved through out-of-court settlements rather than going to trial. Settlement discussions can occur at any stage, but often intensify after discovery is complete and both sides have a clearer picture of the evidence. Often, a neutral third-party mediator facilitates these discussions, helping both sides explore potential resolutions.
- Why Settle: Settlements offer several advantages, including a faster resolution while avoiding the uncertainty and public nature of a trial. They also allow survivors to have more control over the outcome. For institutions, settlements can minimize negative publicity and potentially limit financial exposure.
- Possible Settlement Value: Settlements can range significantly, from tens or hundreds of thousands to multi-million-dollar awards, depending on factors like the severity and duration of the abuse, the impact on the survivor, and the degree of institutional negligence.
- Confidentiality: Many settlements in sexual abuse cases are confidential, protecting the survivor's privacy and often allowing institutions to avoid further public scrutiny.
Trial and Post-Trial Stages (If Necessary)
While most cases settle, if a mutually agreeable resolution cannot be reached, the case may proceed to trial.
- Trial: During a civil trial, both sides present their evidence and arguments to a judge or jury. This includes opening statements, witness testimony (including potentially the survivor's testimony, for which they would be thoroughly prepared), presentation of documents, and closing arguments. The judge or jury then deliberates and renders a verdict, determining liability and the amount of damages.
- Appeals: If either party disagrees with the trial's outcome, they may have the right to appeal the decision to a higher court. Appeals can add significant time to the overall process, often lasting months or even years.
- Collecting Damages: If a verdict is reached in the survivor's favor or a settlement is agreed upon, the final stage involves collecting the awarded compensation.
The entire civil litigation process for a child abuse lawsuit can be lengthy, often taking anywhere from one to three years, or even longer for particularly complex cases that go to trial. However, it's important to remember that throughout this process, your legal team is there to guide and support you.
Your Path to Healing and Justice May Involve Filing a Child Abuse Lawsuit
Taking legal action is a profound decision, and understanding the steps that follow can help alleviate anxiety and reinforce your resolve. This journey is designed to hold abusers and negligent institutions accountable, secure the compensation needed for healing, and contribute to systemic change that can protect future generations. You are not alone in this process, and compassionate legal support can make all the difference.
If you are a survivor of child sexual abuse and are considering a lawsuit, or if you have already taken the first step and want to understand what comes next, working with an experienced legal team is crucial.
Contact File Abuse Lawsuit today for a free and confidential consultation. We are here to listen with empathy, answer your questions, and empower you through every phase of the legal process. Call us at (209) 283-2205 to speak with a legal advocate who is dedicated to your justice and healing. Understanding your rights and the legal pathways available is the first step toward reclaiming your power and moving forward. Call us at (209) 283-2205 to speak with an empathetic legal advocate today.