Philadelphia Sexual Abuse Lawyers
Unfortunately, sexual abuse cases in Philadelphia are far too common. Philadelphia sexual abuse lawyers can help.
If you were sexually abused in Philadelphia, you probably have questions about the legal system. Including whether you can pursue a civil case and what to expect if you decide to pursue the case.
Philadelphia is a unique legal market that tends to be quite favorable for victims of sexual abuse. But each individual must decide if a civil case is right for them. Below is information that we hope will be helpful to you in making your decision.
Philadelphia Sexual Abuse Lawyers Want You to Know About Statute of Limitations
In 2019, the statute of limitations for bringing a sexual abuse case in Pennsylvania was changed from age 30 to age 55.
The law change was not retroactive, so it still excludes some victims from bringing claims.
If you were sexually abused in Pennsylvania and are seeking to pursue a civil case against an organization, you must do so before you turn 55.
Many victims in cases that were time-barred before 2019 remain time-barred by the new legislation.
Pending Legislation
Two bills are currently in play in the PA legislature; HB2 would open a 2-year revival window for expired claims of sexual abuse of minors. It would also retroactively remove sovereign and governmental immunity for civil child sex abuse claims. SB1, which includes a proposal to amend Section 11, Article 1 of the PA Constitution to provide a 2-year window for individuals to revive claims of childhood sexual assault that were/are barred by the statute of limitations, damage caps, government immunity, or sovereign immunity.
There is, unfortunately, disagreement within the PA Senate and House as to which bill should be the vehicle. Therefore, the passage is again facing an uphill battle. This again leaves survivors in Pennsylvania in legal limbo with no recourse to access justice.
The lawyers at Andreozzi + Foote and our clients have been some of the main advocates of this change.
We hope the legislature will do the right thing and allow the Pennsylvania voters to give victims the justice they deserve.
Should I pursue my sexual abuse case in Philadelphia?
The first consideration is, are you ready to pursue a case?
This is a personal decision, and many potential clients fear they must be prepared to ride an emotional roller coaster for several years if they decide to pursue a civil case.
We certainly don’t want to talk a victim into doing something they are not ready to do. Our overwhelming feedback from clients is that the process is much easier than they expected. At Andreozzi + Foote, we believe no two cases are the same. We craft a unique strategy for each case based on the survivor’s desires.
At the outset of the case, the survivor is empowered by being able to make important decisions like “Do I want to seek an early resolution to my claim and possibly an out-of-court settlement” or “Do I want to file a lawsuit and attempt to expose the truth publicly.”
Philadelphia Sexual Abuse Lawyers Can Protect Your Privacy
Many clients fear that a public record will follow them throughout their lives if they file a lawsuit. We have been told on multiple occasions that a survivor does not want someone to be able to type their name into an internet search only to see information related to their sexual abuse case.
To address this concern, we often provide sexual abuse victims with the option of filing a lawsuit using a pseudonym like “John Doe” so they can pursue the case anonymously. The protection of our clients does not stop there.
Throughout the litigation, we chart a course designed to obtain the best possible result while causing the least interference to our clients’ lives. We often tell clients we are being paid to worry about their cases so they can focus on other things in their lives.
Is Philadelphia the right place to pursue my sexual abuse case?
We recommend our clients attempt to pursue their case in Philadelphia when possible. While juries throughout Pennsylvania do not tolerate careless actions by institutions that allow children to be sexually abused. Philadelphia jurors tend to be the most sympathetic in the state.
If the circumstances of a case are similar, jury verdicts in sex abuse cases in Philadelphia tend to be higher than in any other part of Pennsylvania.
The court system in Philadelphia is also equipped to move a large volume of cases expeditiously and organized.
Shortly after filing a lawsuit, a preliminary conference is set up among the attorneys and a court representative to set deadlines for the case. This ensures there is no unnecessary delay.
We often find that defendants will try to delay cases as long as possible, and the court system in Philadelphia does not allow defendants to employ stall tactics that work in other parts of the state.
While pursuing a sexual abuse case in Philadelphia County Court is almost always the victim’s preference, the Defendant will attempt to remove the case to another County or Federal Court whenever possible.
Shortly after a lawsuit is filed, Defendants in sex abuse cases will file a motion arguing that Philadelphia is not the appropriate place to hear the case. A Philadelphia judge will ultimately look at the facts of the case. Consider issues like the connections between the defendants and Philadelphia, and determine if the case can stay in Philadelphia.
Experienced sexual abuse attorneys will generally spend considerable effort litigating this issue.
Andreozzi + Foote in Philadelphia
Currently, we have an active docket of sexual abuse cases in the Philadelphia area. We have no doubt worked on cases that you have heard about in the news. While we have received national attention for our work for sexual abuse survivors and represented clients in almost every state, we consider Philadelphia our backyard.
In addition to having an office in Philadelphia, all of our attorneys are licensed in Pennsylvania. Many were born, raised, and attended college and law school in Pennsylvania. We think this experience and these connections to the community give our clients an advantage.
What kinds of damages can sexual abuse survivors In Philadelphia pursue?
Our goal is always to obtain the optimal outcome for the client.
Each client has different needs, goals, and a distinct definition of healing, We tailor our approach to that survivor. Early in the process, we ask what the client wants from the case.
When most people think of the result of a civil case, they think financial compensation. We maximize the financial recovery in every case because we know that our clients may have needs well into the future.
Many clients have used the money from their civil case for counseling, job training, education, housing, to support family etc. Our clients can generally use the financial award however they deem appropriate.
The exception is if the client is a minor or incapacitated person. Under those circumstances, a judge will generally oversee the distribution of the money and might attach strings to the settlement or require the creation of a trust.
Non-Monetary Results
When survivors file a lawsuit against the institution responsible for allowing them to be abused, they force that institution to be accountable. Clients reclaim the power and control instituions took from them at a young age.
This step in the process can be incredibly cathartic for sexual abuse survivors. In fact, for many, the journey itself is a liberating reward, even more powerful than the financial outcome.
Many victims and survivors of child sexual abuse have been haunted for years by unanswered questions. “Was my abuse preventable, and “Who knew what and when?”
The discovery process can allow us to obtain documents and interrogate witnesses that can answer many of these questions.
Gaining a complete picture of one’s past can be incredibly powerful.
Many lawyers do not understand or appreciate the importance of seeking non-economic results for victims of child sexual abuse. Clients want to ensure abuse never happens again. We encourage survivor clients to force defendants to change how they operate to protect children in the future.
This often requires churches, daycares, schools, or other defendants to change their policies and procedures.
What is the value of my sexual abuse case in Philadelphia?
Many factors determine the value of a sexual abuse case. Some key factors that drive the financial value of the case are venue, degree of liability, nature of the abuse, impact of the abuse, and the defendant’s ability to pay a judgment.
One of the key factors in determining the value of a sexual abuse case is the impact the abuse has on the victim. Sexual assault adversely impacts every victim.
Some victims suffer from debilitating medical conditions following the abuse, including physical injuries, Post Traumatic Stress Syndrome, and severe depression and anxiety. We also know that trauma from sexual abuse can cause injury to the central nervous system and impact development in previously unknown ways.
Some of the more complicated cases we face involve survivors who have seemingly made a strong recovery from the abuse. We have represented CEOs, doctors, lawyers, accountants, professional athletes, and many others who have been successful in their professional endeavors.
We often hear from defendants in these cases that are clients success negates their impact. That their case does not have considerable value because they are successful. Success does not equate healing. Many survivors mask their pain.
Properly telling this story to a judge or jury can be incredibly powerful and turn the defendant’s argument upside down.
Get A Free Attorney Consultation in Philadelphia
At Andreozzi + Foote, we are committed to helping sexual abuse survivors find closure and justice. To schedule a free consultation, call 800-706-2764, or reach us online.