Recovered Memories and Sexual Abuse Claims

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In order to protect people, the brain typically locks away traumatic memories, such as sexual abuse memories. However, researchers have recently discovered how to effectively retrieve these repressed memories.

This scientific procedure makes recovered memory claims much more credible in court. Many jurors harbor a belief that recovered memories are at least partially fabricated. Now, that’s clearly not the case.

So, even if the abuse occurred several decades ago, a Kansas City personal injury attorney might still be able to obtain substantial compensation for these victims. This compensation does not reverse the effects of the sexual abuse. But it does bring the wrongful conduct to light and help these victims, and their families, move on in life.

The Discovery Rule

Generally, the statute of limitations in personal injury cases is two years. If victims do not bring legal claims before the statute of limitations expires, they usually lose the right to obtain compensation for their injuries.

The statute of limitations protects both victims and tortfeasors (negligent actors). Evidence degrades and disappears over time, so it is difficult to prove claims in court after two years elapse. Furthermore, tortfeasors need not spend years looking over their shoulders.

The statute makes sense in many cases, but not in this context. Frequently, victims do not know about the possibility of a legal claim until their memories are at least partially recovered. The discovery rule usually applies in these situations. Victims are not obliged to file legal claims until:

  • They know the full extent of their injuries, which in this case is a psychological injury, and
  • They connect those injuries to the tortfeasor’s conduct or misconduct.

Assume Rex was sexually abused as a child. Decades later, as an adult, he shares bits and pieces of these memories with a therapist. The therapist arranges medical treatment for Rex which fully unlocks those memories. He has two years from that full unlock date to file a legal claim for the injuries he sustained.

Compensation Available

In a sexual abuse claim, compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. 

Additional punitive damages are usually available in these claims as well. To obtain this compensation, victim/plaintiffs must prove, by clear and convincing evidence, that the tortfeasor, or organization which employed the tortfeasor, intentionally disregarded a known risk.

If the responsible organization has declared bankruptcy, as the Boy Scouts of America did, victims can usually file claims with the bankruptcy administrator. The procedure is different, but the compensation available is usually the same.

No matter how much time has passed, sexual abuse victims usually have legal options. For a free consultation with an experienced personal injury lawyer in Kansas City, contact the Krause & Kinsman Law Firm. Virtual, after-hours, and home visits are available.

Our Reputation

The Krause & Kinsman Law Firm is made up of some of the nation’s foremost legal minds in the mass-tort field. That’s why our clients & co-counsel partners choose us.

Plaintiffs’ Steering Committee, and Co-Chair of the Law & Briefing Committee in MDL 2846:

In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2974:

In Re: Paragard IUD Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2924:

In Re: Zantac (Ranitidine) Products Liability Litigation

Along with the aforementioned MDLs,

Plaintiff’s Counsel has prosecuted thousands of cases across other Multi-District Litigations and Mass-Torts, including:

MDL No. 3043:

Acetaminophen ASD/ADHD Product Liability Litigation

MDL No. 2753:

Atrium Medical Corp. C-Qur Mesh Products Liability Litigation

MDL No. 2782:

Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

MCL No. 627:

In Re: Physiomesh Litigation, MCL

MCL No. 633:

In Re: Prolene Hernia System Mesh Litigation

MDL No. 2750:

Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation

MDL No. 2641:

Bard IVC Filters Products Liability Litigation

MDL No. 2326:

In Re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation

MDL No. 2606:

Benicar (Olmesartan) Product Liability Litigation

MDL No. 2666:

In Re: Forced Air Warming Devices Products Liability Litigation

MDL No. 2591:

Syngenta AG MIR162 Corn Litigation

MDL No. 2936:

In Re: Smity’s/CAM2303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation

MCL No. 630:

In Re: Proceed Mesh Litigation

MDL No. 2543:

In Re: General Motors LLC Ignition Switch Litigation

MDL No. 2004:

In Re: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation

MDL No. 2187:

In Re: C. R. Bard, Inc. Pelvic Repair System Products Liability Litigation

MDL No. 2325:

In Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2327:

In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2387:

In Re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation

MDL No. 251:

In Re: Neomedic Pelvic Repair System Products Liability Litigation

Highly Awarded Trial Attorneys

The Krause & Kinsman Law Firm is one of the nation’s leading mass-tort & personal-injury law firms. The founding partners, Adam & Robert, have been selected to serve on steering committees for some of the largest pharmaceutical mass-tort cases.

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