A clergy sexual abuse lawsuit in California can take one or two years, and sometimes longer depending on the situation. These cases require a full investigation and often involve numerous parties. That complicates the entire process. Legal limits apply, though, and victims need to seek legal action with the help of an attorney as soon as possible. It is not easy to say how long a sexual abuse lawsuit against a church or clergy member will take, but a California clergy sexual abuse attorney can provide more specifics.
Time to Investigate the Claim
Most of the time, a comprehensive investigation will occur as a first step, either by the police, with your attorney, or through third parties. This can take one to six months, depending on the situation. During this time, a full review of the following is likely:
- Statements from you
- Reviews of the records you have
- Details of the data submitted with the complaint
Any additional research can lengthen this time. Often, an investigation will result in the filing of a claim against the at-fault party and any associated parties. Keep in mind that, under the statute of limitations in California, most filings of claims and lawsuits must happen within two years of the date of the incident. There are some exceptions to this that your attorney can help you qualify for if you were a minor at the time.
Discovery Process Occurs
After the filing, a formal discovery process goes into effect. This allows both parties to question information and seek evidence in the case. It can take six months to a year and sometimes more. Both sides will review documents and witness depositions occur. There may also be a need to investigate third parties at this time, especially if there is concern that a church is covering up claims.
Negotiations to Settlement
Once all information is presented, the at-fault party must decide what to do. They may agree to a settlement amount and close the case in the victim’s favor. Other times, negotiations are necessary, which can mean haggling over claims, statements of fault, and compensation.
There are situations in which decisions cannot be made. Mediation by a third party may help at this point in reaching an agreement. Most institutions will seek to settle out of court, though this process can take months to years.
Going to Trial
It is not common for cases of sexual abuse involving clergy to go to court. Religious organizations and associated facilities typically prefer to settle the case out of court. If the case goes to trial because a settlement is not reached, the process can take one to three years from the date the lawsuit is filed.
Delays Are Possible
In every case, delays can happen for multiple reasons. This may include difficulty in finding the at-fault party or in seeking legal action against multiple parties involved or at fault. An attorney will work to determine which legal strategies are available in all cases.
Seeking Legal Guidance Quickly Matters
Victims of sexual abuse at the hands of clergy in California should not delay in seeking out the guidance of an attorney. Doing so allows you to protect your right to take action down the road, especially regarding the statute of limitations that may apply in your case.