Are punitive damages awarded in sexual abuse cases? While Michigan rarely allows for punitive damages in sexual abuse cases, they may be awarded under special circumstances.
A compassionate Okemos sexual abuse lawyer can help you find your voice in a civil lawsuit and hold your abuser accountable.
Compensation in Sexual Abuse Cases
Your lawyer will discuss the damages that can be collected in sex abuse cases with you. Our team always fights for the maximum. As with any personal injury case, victims may collect compensatory economic and non-economic damages.
Economic damages recover the financial losses you have sustained from the abuse. These likely include related medical costs, therapy fees, tuition fees if you had to leave school, wage loss if you had to leave work because of the abuse, and any other financial burden incurred from the horrific experience. Non-economic damages provide financial acknowledgment of the pain, suffering, and loss of enjoyment of life incurred by the abuse.
Victims often ask if they can get punitive damages in Michigan for sexual abuse cases. Punitive damages are not commonly awarded in Michigan civil courts. However, under certain conditions, the court may require abusers or other defendants to pay victims an additional amount in the form of “exemplary damages.” Michigan uses exemplary damages to give justice to victims who have suffered substantially and may be entitled to more than what their compensatory damages cover.
Your Fight Is Our Fight
When Punitive Damages Can Be Awarded in Sexual Abuse Cases
Though punitive damages are designed to punish the offender, and exemplary damages, the term used in Michigan, provides victims with additional, non-compensatory damages, the terms “punitive” and “exemplary” are often used interchangeably when discussing these additional awards.
Judges only approve punitive damages in sexual abuse cases where certain circumstances apply. You can trust your sexual abuse lawyer to request these damages if your case warrants.
You may have grounds to request punitive damages if:
- The abuse affected your dignity
- The abuse caused you to suffer humiliation
- The harm you endured was particularly egregious
- The abuser had the opportunity to avoid harming you
- Compensatory damages are enough to provide justice
- Exemplary damages could deter potential similar conduct by your abuser or others
- Exemplary damages could urge defense teams to change their practices and standards
- Exemplary damages could set a precedent for future cases like yours
The Effects of Sexual Abuse
The effects of sexual abuse align with the grounds needed to pursue exemplary damages. Sexual abuse is a total violation, and victims often suffer tremendous humiliation and shame. They often lose their sense of self-worth and sense of autonomy.
Some abusers hold positions of power over their victims. This is especially evident in cases where children are abused, or clergy, teachers, or bosses are the predators. In these cases, judges may recognize the special egregiousness of the offense.
Proving a Sexual Abuse Case
To collect any damages for sexual abuse, you must prove your case. Under MCL-Section 600.5805, you have a 10-year legal window, or statute of limitations, to file your claim with the court. If you are afraid your opportunity has passed, you should still speak with White Law PLLC, as exceptions apply to some situations.
A preponderance of the evidence is the standard of proof in civil cases. This means your team must present enough evidence to show your claim is valid, convincing the judge or jury that what you are saying is “probably more true than untrue.” The Michigan rules of evidence are comprehensive and complicated, but you can trust our team to explore every possible source of proof and present that proof according to the rules of the court.
Evidence may include:
- Medical reports : there may be medical evidence of the abuse or resulting conditions, including physical injuries or sexually transmitted infections
- Witness statements : others may have noticed suspicious behavior or witnessed the actual abuse, or you may have confided to these witnesses about the abuse
- Expert witness testimony : your doctors, psychologists, or other sexual abuse experts may have offered valuable insights to support your claim
- Communication : your abuser may have sent you texts, emails, or handwritten communication, or you may have recorded phone calls or voicemails, and the content of this communication may support your claims
- Physical or forensic evidence : law enforcement may have collected DNA from your body, clothing, or places where the abuse occurred
We understand that you may be going through a difficult situation and we are ready to help however we can.
Getting Punitive Damages Awarded in Sexual Abuse Cases
Our team knows the types of evidence needed to get victims punitive damages in sexual abuse cases. Witness testimony is particularly powerful. Your loved ones can describe the changes they have seen in you because of the abuse–your emotional distress and extreme suffering.
Mental health providers or other experts can also attest to this suffering and the general long-term effects of sexual abuse. Sexual abuse has the power to completely derail a victim’s life, affecting their relationships, physical and psychological well-being, and professional prospects and increasing their potential for substance abuse and self-harm.
These extreme consequences demand extreme justice, and your attorney will fight tirelessly to get punitive damages awarded in your sexual abuse case.
You will always work directly with your attorney throughout your case.
We Fight for Every Dollar You Deserve
Sexual abuse is a violation of the highest order, and White Law PLLC is here to help abusers pay for the pain they have inflicted upon their victims.
Your case, your story, your pain, and your future well-being matter to us. In the fight to get you justice, we will fight for the maximum settlement or trial award possible, including an award for punitive damages.
We’re Experienced. We Care.
We Exceed Client Expectations.
