Average Sexual Assault Settlement in California
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Statewide in California and nationwide, the average settlement amount for sexual assault or abuse depends on the type of abuse claim made.
For sexual abuse claims, average settlement amounts are approximately $25,000.00 to $200,000.00. For physical abuse claims, average settlement amounts are approximately $2,500.00 to $50,000.00.
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We know no amount of money can make up for abuse victims suffer, but we hope this tool can help ease some suffering you have. By using the calculator below you can get a settlement estimate in 90 seconds or less.
Factors Affecting Sexual Assault & Abuse Settlement Amounts
Several factors significantly influence the settlement amounts in sexual assault and abuse cases:
Severity of Harm
- Physical Injuries: Severe physical injuries, including but not limited to broken bones, internal injuries, and long-term health complications, will generally result in higher settlements.
- Emotional Trauma: The extent of emotional and psychological harm, such as PTSD, depression, anxiety, and difficulty maintaining relationships, is a major factor.
- Long-Term Consequences: The impact on the victim’s ability to work, maintain relationships, and live a fulfilling life is crucial.
Strength of Evidence
- Medical Records: Medical records documenting injuries and treatment are essential.
- Witness Testimony: Corroborating witness testimony strengthens the case.
- Physical Evidence: If available, physical evidence like DNA or other forensic evidence can significantly impact the settlement amount.
Type of Assault
- Child Sexual Abuse: Cases involving child sexual abuse often result in higher settlements due to the long-term, devastating impact on the victim’s life.
- Workplace Sexual Harassment: Settlements can vary depending on the severity of the harassment, the employer’s response, and the victim’s position within the company.
Defendant’s Resources
- Financial Resources: The ability of the defendant (individual or organization) to pay significantly impacts potential settlements.
Legal Representation
- Experienced Attorneys: Having an experienced attorney specializing in sexual assault cases can significantly increase the chances of a successful outcome and a higher settlement.
Case-by-Case Variability
Overall, each case is unique, and the specific circumstances surrounding the assault will heavily influence the settlement amount.
Settling vs. Going to Trial
Trial verdicts can sometimes be higher than settlements for a few key reasons:
Jury Awards
Juries can award significant damages, including:
- Punitive Damages: These are intended to punish the defendant for egregious behavior and deter future misconduct. They are often not available in settlements.
- Higher Compensatory Damages: Juries may award more for pain and suffering, emotional distress, and other intangible losses than what a defendant might offer in a settlement.
- Increased Leverage: The threat of a trial can increase pressure on the defendant to settle for a higher amount to avoid the risk of a larger jury verdict.
- Public Accountability: A trial provides a public forum to expose the defendant’s wrongdoing, which can be important for the plaintiff’s sense of justice and closure.
Key Points to Remember
- Uncertainty of Trial: Trials are unpredictable. There’s no guarantee of a favorable outcome or a large award.
- Costs and Risks: Trials are expensive and time-consuming. They involve significant legal fees, witness preparation, and the emotional stress of testifying in court.
- Settlement is Often Preferred: Many cases are successfully resolved through settlement negotiations, which can be a more efficient and less stressful process for both parties.
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