Can You Get Compensation for Pain and Suffering in a Civil Sexual Abuse Claim in Florida?
Sexual assault victims have endured a deep, terrible violations of their bodily autonomy. Through a civil sexual abuse claim, they have the right to hold responsible parties liable for the full extent of their damages. You may be wondering: Can I seek financial compensation for pain and suffering as part of a sexual assault claim? The answer is “yes”—pain and suffering and other non-economic damages may be recoverable. Here, our West Palm Beach sexual abuse attorney for victims provide an overview of your right to get compensation for pain and suffering through a civil sexual assault claim in Florida.
Sexual Assault Victims Have a Right to Pursue Compensation for Non-Economic Damages
The central purpose of a civil sexual assault claim is to give the victim a right to seek compensation for the full extent of their damages from all responsible parties—potentially including the actual perpetrator and any third party whose negligence contributed/permitted the attack. Through a civil claim, sexual assault victims have the right to seek compensation for all damages, including non-economic (intangible) losses.
Legal Definition: Non-economic damages is a term that covers the emotional suffering and mental anguish caused by the abuse. Unlike economic damages that reimburse for measurable financial losses, non-economic damages account for intangible harm.
What is Pain and Suffering?
Pain and suffering is a type of non-economic damage. It can absolutely be sought as part of a civil sexual assault claim in Florida. Pain and suffering refers to the physical, emotional, and psychological distress caused by a traumatic event such as sexual abuse. Survivors may experience:
- Anxiety;
- Depression;
- Fear;
- Shame;
- Loss of trust;
- Disruptions in relationships;
- Problems with intimacy;
- Poor sleep quality; and
- Post-traumatic stress disorder (PTSD).
While these damages are defined as non-economic—meaning that unlike something like a medical bill, there is no specific dollar figure that can be clearly tied to them—they are no less real and no less valid. Sexual assault victims need compensation for pain and suffering.
Emotional Distress Damages May also Be Sought
In addition to pain and suffering, survivors may be eligible to claim emotional distress damages. It is a form of compensation specifically addressing the (potentially very severe and extremely traumatic) mental anguish that sexual abuse can have on the victim.
Documentation is Key to Bringing a Successful Claim
Civil sexual assault claims are complex legal cases. Even when liability is proven, defendants may try to fight aggressively to pay out less in damages. Unfortunately, they often try to undervalue pain and suffering damages. To strengthen a claim for pain and suffering or emotional distress damages, documenting the effects of the trauma is a must.
Get Help From Our Florida Sexual Assault Lawyer for Victims Today
At Pike & Lustig, LLP, our Florida sexual assault attorneys put victims first. You need justice. If you have any questions about seeking compensation for pain and suffering through a sexual assault claim, please do not hesitate to contact us today for a free, confidential consultation. We fight for the rights of sexual assault victims throughout South Florida, including in West Palm Beach, Miami, Fort Lauderdale, Jupiter, Boca Raton, Coral Gables, Miami Beach, and Sunrise.
