For many survivors of child sexual abuse, seeking justice through the legal system is more than just a matter of courage; it is also a matter of resources. Filing and pursuing sexual abuse claims is expensive, with attorneys’ fees and court costs to consider. Additionally, survivors may face lost wages, the cost of ongoing psychological treatment, and housing or safety concerns that greatly add to their expenses.
Child sex abuse cases can take months or even years to resolve, especially when they involve institutions such as school districts, church organizations, or city and county agencies.
Survivors may need access to financial assistance, and for many, litigation financing is a lifeline.
At Allred, Maroko & Goldberg, we have seen the impact sexual abuse has on individuals, and it spurs us on to fight for justice in every case we can. In this article, discover how funding sources are available to child sex abuse victims, and how our law firm could help you pursue the compensation you deserve.
Understanding Litigation Financing in Sexual Abuse Claims
For many survivors of child sexual abuse, waiting until their trial concludes to receive financial assistance is a luxury they simply cannot afford. While attorneys’ fees and other costs are typically paid from a settlement or judgment after a case resolves, survivors may be struggling with immediate, day-to-day expenses they must care for. This is where litigation financing can play a role.
Also known as lawsuit funding or pre-settlement funding, litigation financing provides cash assistance to plaintiffs while their cases are pending.
Different from a loan
Litigation financing is not a traditional loan. Instead, investors, including hedge funds and institutional investors, invest money in return for a share of the proceeds from the settlement.
Funds can be paid in a few different ways:
- To the plaintiff: The survivor of child sexual abuse may receive a cash advance directly from the investor to be used at their discretion pending the outcome of the case.
- Funding a portion of costs: Investors may fund medical treatment from doctors who are willing to treat patients under medical liens. Alternatively, funds may be advanced to cover legal costs.
- To the law firm: An investor may open a low-interest line of credit to a reputable law office, allowing it to extend pre-settlement financing to its clients.
If your lawsuit is successful, you will repay the financing from your settlement or judgment. However, the crucial difference between this type of financing and a traditional loan is that if the lawsuit is unsuccessful, you generally do not have to repay the funds. Still, it is essential to understand that the contract you would be signing to obtain the funds is a legal document, and as with any legal agreement, it is essential to seek qualified legal advice and thoroughly understand the contract before signing.
Talk to an experienced Allred, Maroko & Goldberg child sex abuse attorney about the funding options open to you.
Support that litigation financing can provide
In child sexual abuse claims, the funding can help survivors and their families with the following:
- Paying for rent or mortgage payments during the period of litigation
- Ongoing medical care, including therapies for psychological trauma
- Specialized support services
- Daily living needs
- Offsetting lost income if a survivor is unable to work due to trauma or the demands of the case
While the cash assistance that litigation financing provides can be a game-changer for those seeking justice in sexual abuse cases, it is important to consider whether it is right for you carefully.
Why Litigation Financial is Crucial for Many Child Sexual Victims
The majority of child sexual abuse survivors are only able to disclose what happened to them once they reach adulthood. This is sometimes decades after the abuse occurred. By this time, they may have jobs, mortgages, and families of their own to support.
Some survivors may delay or forgo legal action altogether due to the financial challenges of pursuing a civil claim. This means missing out on an opportunity to seek justice and accountability. Litigation financing can open the door to pursuing justice that may have otherwise seem out of reach.
Long litigation timelines
Whether the abuse took place recently or many years in the past, child sexual abuse cases can go through the litigation process for a long time. The legal process of building and fighting a child sexual abuse case may take many months– even years– and often unfolds in several key stages:
- Investigation: This initial phase may involve medical examinations, witness interviews, and the collection of evidence. While delays are frustrating for victims, it is essential to conduct a thorough investigation to ensure a child sexual abuse lawyer can build a strong case for compensation.
- Filing a lawsuit: Your attorney will then file a lawsuit or claim against the perpetrator, and where applicable, any institutions are organizations that enabled this abuse. This may lead to a negotiated settlement or a trial.
- Fighting for justice: Unfortunately, the perpetrator’s or the enabling organization’s attorneys may use delay tactics to drag out the case and wear you down emotionally. Complex cases involving larger organizations such as churches, school districts, and youth organizations, or class actions, may take even longer. The at-fault party may attempt to capitalize on the fact that the longer the case goes on, the more financial pressure you will be under.
Litigation financing may make the difference between feeling able to pursue your quest for justice to the end or settling earlier in the process when you do not feel you have recovered what you deserve.
Inability to work
One study noted that childhood trauma can significantly impact people’s work performance. This is often linked to depression and anxiety disorders that stem from childhood abuse. The experience of pursuing justice through the legal system can also be overwhelming, making it difficult to work and fight your lawsuit at the same time.
Litigation financing could help to allay some of your financial challenges as you see your case through to its conclusion.
Safety concerns
Child abuse survivors may not be safe in their own homes. Individuals who are facing the ongoing threat of sexual abuse, domestic violence, or gender-based violence may need funding to relocate or increase personal security measures.
Access to specialized care
Litigation financing may help survivors access the support services they need, whether it be medical care, counseling, or therapy, to make their pursuit of justice a truly cathartic experience.
Prevent financial abuse
Some child abuse survivors may also be victims of financial abuse by partners, relatives, or others who seek to control their money. Providing victims access to independent funding may help them maintain their autonomy throughout the legal process.
How Litigation Financing Empowers Child Sexual Abuse Victims
Survivors of childhood sexual abuse may feel like they are in a David versus Goliath situation. Bringing a case against a large and prestigious educational, public, or religious organization may feel even more overwhelming than facing the trauma they suffered. However, litigation financing can even the playing field, potentially giving all victims a chance to stand up to powerful organizations that have failed in their duty to protect children.
At Allred, Maroko & Goldberg, we have made the pursuit of justice for those who feel they lack a voice our life’s work. For almost 40 years, we have handled many high-profile cases but also represented countless individuals who have been victimized by individuals in positions of authority.
We remain focused on creating the circumstances for our clients to shatter uneven power dynamics that stand in the way of justice. That includes assisting them in accessing financial assistance for their case.
Let Allred, Maroko & Goldberg Show You the Way to Justice
Pursuing a sexual abuse claim is an act of profound courage. Nothing should hold you back from pursuing the justice you deserve. For many survivors, securing financial assistance through litigation financing is their way to see their case through to its conclusion.
If you or a family member is considering filing a sexual abuse case, the child sex abuse lawyers at Allred, Maroko & Goldberg are ready to help you explore your options. This includes access to litigation financing and other funding sources that let you focus on recovery and pursue justice.
Call Allred, Maroko & Goldberg today at 323-746-1853 to schedule a free, confidential consultation with an experienced attorney committed to fighting for child abuse survivors. If you prefer, complete our confidential online form, and we will contact you by phone or email to discuss your case.