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- What Damages Can I Recover In A Sexual Harassment Settlement?
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One way to compensate survivors of sexual abuse is through a financial award that aims to alleviate some of the harm they have suffered. Although it can never fully erase the trauma of sexual harassment or abuse, a monetary settlement can provide some form of relief.
The amount of compensation awarded in sexual abuse cases can vary greatly depending on factors such as the extent of the victim’s injuries, medical expenses incurred, and whether punitive damages are deemed appropriate. Therefore, it may be advantageous for survivors to seek advice from a knowledgeable sexual harrassment lawyer who can evaluate the potential damages awarded in their case.
- Medical expenses incurred in the past and those that may be incurred in the future
- Lost wages as a result of the abuse
- Loss of potential income that may have been earned in the future
- Cost of household services required due to the abuse
- Psychiatric treatment expenses
- Transportation expenses for travel to and from appointments related to the abuse.
- Pain and suffering endured by the victim
- Emotional distress caused by the abuse or harassment
- Loss of enjoyment of life due to the trauma experienced
- Loss of quality of life as a result of the abuse
- Permanent disability caused by the abuse
- Disfigurement resulting from the abuse.
How Are Damages Determined In A Sexual Harassment Lawsuit?
Assuming we are discussing a lawsuit that goes to trial and you succeed in winning, the jury will need to consider four main types of damages.
Back Pay
What was the financial impact of the sexual harassment on you? Did you lose your job as a result? How much did it cost you before you were able to find another job at a similar level? According to the law, the victim of sexual harassment must take reasonable steps to minimize their damages, meaning that they must show they made a good-faith effort to find new employment. For example, if you were out of work for a year after being terminated due to sexual harassment, the jury may award you a year’s worth of pay as back pay, in addition to potential front pay. Essentially, this compensation aims to address the fact that you lost your job due to sexual harassment without a legitimate reason.
Emotional Distress
The second category of damages is emotional distress, which is often referred to as pain and suffering. To receive the highest possible compensation from a jury for emotional distress, although such amounts tend to be relatively modest, you need to seek treatment from a mental health professional, such as a therapist, psychologist, or psychiatrist, who can diagnose you with conditions such as anxiety, major depression, or post-traumatic stress disorder resulting from the workplace experiences and degradation you suffered due to severe sexual harassment.
Punitive
The third category of damages is punitive damages, which can only be awarded by a jury. If the jury concludes that your company’s response to your sexual harassment complaint was so egregious that it shocks their conscience and no civilized nation should tolerate this type of corporate behavior, they can impose punishment on the company. These are the cases where larger amounts of compensation are often awarded, especially for companies with substantial revenue, to send a message to them and other similar companies that such behavior will not be tolerated.
Attorneys’ Fees
The fourth category of damages is attorneys’ fees, which the company pays to your lawyer if you win the case. This can save you a significant amount of money, as otherwise, these fees would have come out of your win or settlement. Therefore, having the company pay your lawyer’s fees can increase your overall award and save you money.
After a successful jury verdict, you could potentially receive compensation for back pay damages, emotional distress, punitive damages, and attorneys’ fees. However, it’s important to note that the majority of cases do not make it to trial and are either settled or dismissed by a court. It’s best to settle a claim based on the same factors as a trial verdict, except generally without punitive damages or attorney’s fees. This includes compensation for lost wages, ongoing losses due to discrimination, and damages for emotional distress. If you have any questions about your own sexual harassment case and want to discuss its value, feel free to contact us for a first or second opinion.
What Are The Steps To Reach A Settlement?
When faced with sexual harassment at work, your initial action should be to speak with your supervisor, the human resources department, or your harasser’s supervisor, as most employers should have anti-harassment policies in place. However, reporting the harassment may not always result in a resolution. It can be difficult to confront the issue alone, so you can seek assistance from a sexual harassment attorney such as Sexual Harassment Lawyers Of Pasadena, who can provide guidance through the legal process.
Your attorney can also assist you with filing a complaint with the California Department of Fair Employment and Housing (DFEH), and can help you decide whether it is best to have the DFEH handle your complaint or to request a right-to-sue notice to initiate a lawsuit for better protection of your rights.
In the event that you do file a lawsuit, both parties will enter a phase called discovery, which involves gathering evidence and witness statements. Settlement discussions can occur at any time during the case, including during a settlement conference scheduled by the judge. Some cases may even settle after the trial has begun.
Contact Sexual Harassment Lawyers Of Pasadena
If you have faced sexual harassment in Pasadena, California, you might have a right to receive compensation. The Sexual Harassment Lawyers of Pasadena are available to assist you with navigating the legal system and ensuring that you receive the justice you deserve. Our knowledgeable attorneys possess a thorough understanding of the laws and regulations concerning sexual harassment and are dedicated to protecting the rights of victims.
Our team will conduct a thorough investigation of your case, collect evidence, and develop a strong legal strategy. We will fight for your cause to ensure that your employer is held accountable for any damages you have suffered, such as lost wages, emotional distress, and medical expenses.
At the Sexual Harassment Lawyers of Pasadena, we recognize the emotional turmoil and stress that can come with a sexual harassment case. That is why we offer empathetic and individualized legal representation to alleviate the burden on you.
Don’t allow sexual harassment to go unnoticed. Contact us today to set up a consultation and discover how we can help you receive the compensation you are entitled to.
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Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.
