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Clemenza Concierge

Abuse and assault

A civil claim is your case, on your terms

Many survivors have only heard about the criminal side: the police report, the prosecutor, the trial. A criminal case belongs to the state, and a prosecutor decides whether to bring it. A civil claim is a case you bring yourself, asking the person responsible, and sometimes an organization that made the abuse possible, to pay for the harm they caused.

You decide whether to start one, and you can talk it through first. If you're in danger now, call 911. If you're in crisis, call or text 988.

Tell us what happened

How a civil claim differs from a police report

In a criminal case, the prosecutor has to prove guilt beyond a reasonable doubt, the highest standard the law has. In a civil case, the question is usually whether what you say happened is more likely true than not. That is why a civil claim can sometimes go forward even when no one was charged, or when a criminal case ended without a conviction.

A civil claim doesn't send anyone to prison. It can make the person or organization responsible answer for what happened and pay toward the harm: the counseling, the lost work, the years that went differently than they should have.

The time limits have been changing

For a long time, survivors of childhood abuse especially found the courthouse door closed before they were ready to speak. Several states have changed that: some lengthened the time limits, some removed them for certain claims, and some opened temporary windows for older claims, several of which have now closed.

Because the rules have moved so much, what someone told you years ago may no longer be right. The reliable answer comes from a lawyer looking at where and when it happened, and how old you were.

Who a claim can be brought against

The person who abused you is the obvious answer, but not always the only one. If they worked for, volunteered with or were trusted by an organization, such as a school, a church, a youth program or an employer, that organization may be responsible too if it knew or should have known and failed to act.

Protecting your privacy along the way

You won't be asked to retell everything at the start. The first conversation covers the basics: where, roughly when, and who was involved. If a case goes forward, your lawyer will talk with you about privacy, including using initials or another name, and keeping your medical and counseling records as protected as the law allows.

What helps to have ready

  • The approximate time period, even a range of years.
  • The state and town where it happened.
  • Who the person was to you: a relative, a teacher, a coach, a coworker, a date, a stranger.
  • Any organization connected to the person or the place.
  • Whether you ever reported it, to the police, a school, an employer or anyone else, and what happened next.
  • The names of any counselor or doctor you have seen about it, only if you're comfortable sharing that.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

I don't remember every detail. Can I still ask?

Yes. Memory after trauma is often patchy. Tell us what you do remember; nobody expects a complete account.

The person who hurt me has no money. Is there any point?

Sometimes an organization or an insurance policy is part of the picture, and sometimes not. A lawyer will tell you honestly, including if a case isn't worth putting you through.

Can a family member reach out for me?

A parent or guardian usually acts for a child. An adult survivor should make the choice themselves, though a trusted person can help you fill in the form or sit with you while you do.

More about abuse and assault

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.