Understanding Damages in a Child Sexual Abuse Lawsuit in California

If you or a loved one was sexually abused as a child in California, you may be able to file a civil claim to hold the abuser accountable. Understanding damages in a child sexual abuse lawsuit in California offers essential support for counseling and healing. Financial compensation also provides for other educational opportunities that can help rebuild a survivor’s life.

California law allows survivors of child sexual abuse to seek justice and financial compensation from the abuser and the organizations that failed to protect them.

About DeMarco Law Firm

At DeMarco Law Firm on West Lemon Avenue, we exclusively represent survivors of child sexual abuse. For over two decades, Anthony DeMarco has built a reputation as a fair and just advocate who fights relentlessly for children as one of California’s most experienced child molestation lawyers.

Our small, experienced team includes a survivor on staff and provides personal, trauma-informed support, the privacy you deserve, and compassionate advocacy. We work to hold abusers and negligent institutions accountable while helping survivors regain a sense of safety and dignity.

Types of Damages Available in Child Sexual Abuse Cases

According to the CDC, 90% of sexual abuse against children is committed by someone trusted by the child or the child’s family. In the U.S., at least one in four girls and one in 20 boys will experience child sexual abuse in their lifetime

Child sexual abuse cases involve significant, often lifelong physical, emotional, and psychological harm. Civil claims provide a way for survivors to recover compensation for specific losses they have incurred and may continue to face in the future

The most common forms of damages awarded to survivors include:

• Medical care, including current and future expenses
• Long-term therapy
• Lost wages
• Loss of future earning capacity
• Pain and suffering

Because the effects of childhood trauma can shape a survivor’s entire life, these damages often extend to impacts that unfold over decades rather than the years immediately after the abuse. California courts also acknowledge more intangible but no less real forms of harm, including emotional distress, violation of trust, fear, and social isolation

In some cases, civil claims may also award punitive damages to punish a perpetrator or negligent institutions. Punitive damages do not provide direct financial compensation to a survivor. Rather, their purpose is to punish especially harmful behavior and force changes to an organization’s policies to prevent future abuse

How California Child Sexual Abuse Laws Affect Claims

California child sexual abuse laws also significantly influence how damages are calculated and awarded, in addition to who can file a claim. One of the most important statutes in California is Code of Civil Procedure §340.1. In 2002, this statute was amended to extend the time survivors have to file civil claims. Survivors have five years from the age of discovery of abuse and trauma to file their claims or until they reach 40 years old

This law recognizes that children and teens often do not have the capacity to understand the full impact of the abuse for many years. Another key law is California’s delayed discovery rule. This rule prevents survivors from being penalized for not filing a claim sooner.

Factors That Influence the Amount of Damages You Can Recover

Courts and judges have wide discretion when awarding damages, and no two cases are identical. California judges consider several factors before awarding damages, including:

• The severity and length of the abuse
• The survivor’s age at the time it occurred
• The emotional and psychological impact
• The long-term effects on education, relationships, and earning potential
• The survivor’s future care needs

Another important factor is the conduct of the defendant. Abusers who used threats, manipulation, and authority may face more serious damages

Economic damages are crucial in ensuring long-term support is available for survivors of sexual abuse. A skilled child sexual abuse attorney works with therapists, psychologists, and financial professionals to help determine these costs.

FAQs

What Types of Damages Can Survivors of Child Sexual Abuse Pursue in a California Civil Case?

Survivors of child sexual abuse in California may seek damages for medical treatment, long-term therapy and psychological counseling, lost earning capacity, and diminished quality of life. In some cases, damages may also be pursued for pain and suffering, emotional distress, and trauma-related injuries. Punitive damages may also be sought against institutions that enabled or concealed abuse. This serves to further hold these organizations accountable for reckless or negligent behavior.

How Does California Calculate Compensation for Emotional Trauma and Long-Term Psychological Harm?

California determines emotional trauma and long-term psychological harm according to therapists, psychiatrists, counselors, and trauma experts. Courts compare the survivor’s physical and mental state with the abuse’s effect on personal relationships and future mental health needs. They use this information to determine the impact the abuse had on the survivor’s everyday activities and future needs. Survivors of trauma may require lifetime support, which compensation should reflect.

Can a Survivor Seek Punitive Damages in a Child Sexual Abuse Case in California?

Yes, a survivor can seek punitive damages in a child sexual abuse case in California, particularly if the organization exemplified negligent, intentional, or reckless behavior. Punitive damages are designed to punish unusually harmful behavior and to deter these behaviors from being repeated. Organizations face punitive damages when they consistently ignore complaints, conceal abuse, or continue to place a perpetrator with children.

What Factors Influence the Total Value of a Child Sexual Abuse Case?

The value of a child sexual abuse case in California can be affected by multiple factors, such as the length and severity of the abuse, the age of the survivor, and long-term psychological effects on the victim. Other factors include the costs of future therapy or medical care and any effect on education, employment, or relationships. Institutional concealment or negligence can also increase the value of a case.

Hire a Child Sexual Abuse Lawyer at DeMarco Law Firm

Understanding damages in a child sexual abuse lawsuit in California is only part of the process. Hire a child sexual abuse lawyer right away if you have suffered abuse at the hands of a trusted individual or organization. DeMarco Law Firm works to hold these entities accountable to help you move forward and get the justice you deserve.

Contact us today to schedule your free consultation.