How long a Mormon Church sex abuse case takes to settle can be difficult to say as it will depend on several factors. A sexual abuse case can be complex and go through a considerable discovery process. You could also potentially hold several defendants to account, such as the perpetrator of the abuse and the Mormon Church, which can further complicate and draw out a case.
Generally, a personal injury case such as a sex abuse claim can take longer if it comes to trial. If you and the other parties agree on an out-of-court settlement, your claim could be considerably shorter.
However, it is not advisable to rush the process in trying for a quick settlement. While an out-of-court settlement can be preferable in many cases and is quite often the way civil cases are settled, it is important to consider the potential consequences. Accepting an out-of-court settlement typically means you cannot file a lawsuit or make another claim in the future. While a pre-trial settlement can be a great idea, the terms and amounts of the settlement will need to be considered carefully.
The Pros and Cons of Pre-Trial Settlements
Undoubtedly, the quickest way to put a sex abuse claim behind you is to aim for an out-of-court settlement. Other advantages of out-of-court settlements can include:
Less Stressful than a Court Case and Trial
The thought of having to go to trial can be particularly stressful for sexual abuse survivors. When it comes to a trial, all information is out in the public domain, so there will not be any privacy. Some sex abuse survivors also worry about facing their abuser in court and having to relive some of their most traumatic memories. Court cases require a considerable amount of time and energy, often over several months. Settling out of court is typically quicker and keeps the case out of the public eye, which can be advantageous for survivors.
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Fewer Expenses
Court cases can be expensive. Even though most sex abuse attorneys work on contingency, meaning they do not charge upfront attorney’s fees, you will most likely have several other expenses. When going to court, you will have to pay a fee to file your case and the expert witnesses’ fees if you need expert witness testimony. You may have travel expenses and lose time at work due to hearings, depositions, and other miscellaneous court appearances.
A Court Case Is Unpredictable
While you may have a good case against a sex abuser, there is no guarantee that you will win your case. You never quite know how a jury of strangers will decide the outcome of your claim. In an out-of-court settlement, you will know exactly what you can expect. Your lawyer will negotiate with the opposing party, and they will try to ensure that you receive a fair settlement, so there is an element of control in a pre-trial settlement.
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The Chance for Privacy
In a court case, the parties may generally not remain anonymous, and the entire process is more or less a public matter, according to the Rape, Abuse, & Incest National Network (RAINN). Typically, the general public has access to court documents. However, when you agree on an out-of-court settlement, you will have a certain degree of privacy. The terms and conditions of the settlement and your case are not generally accessible by the public.
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No Appeals Process
Once the parties finalize an out-of-court settlement, the case is typically settled once and for all, and you can be sure to receive your due. After a trial, however, it is possible that the other side appeals the judgment. This can cause further delays and more expenses, and change the outcome of your claim.
Your Sex Abuse Lawyer Can Work for You
While it can be tough to know exactly how long a Mormon Church sex abuse case takes to settle, your sex abuse lawyer can give you an indication after analyzing your case.
Most sex abuse cases find resolution in pre-trial agreements. However, you should not jump to the conclusion that an out-of-court settlement is necessarily the best way forward in your case.
In a trial, the jury decides whether to award compensation. However, the success of settlement negotiations depends largely on the willingness of the defendant(s) to offer a fair settlement. Your lawyer will help you determine which course of action you may want to take. If settlement negotiations fail, they can take your case to court and fight for the compensation you deserve.
Time is not always the most important factor in a sex abuse claim, and your lawyer will want to protect your rights and make sure that a settlement covers all your damages adequately. Sometimes, the only way to do this is to go through a somewhat lengthy court case.
If you are interested in finding out whether you have a case and what your next best steps may be, call Pintas & Mullins Law Firm today for a free consultation at (800) 219-9622.
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