A civil claim is a separate path that belongs to the survivor. It can hold an individual accountable, and it can hold accountable an institution, a school, an employer, or another organization whose failure allowed the harm to happen. A civil claim does not depend on whether anyone is ever charged, and it can seek compensation for the harm and the cost of healing.
Mirador Law represents survivors across Oakland from our downtown office, with discretion and care. A civil claim is decided by a lower standard of proof, and it can proceed independently of whether charges are ever filed. The deadlines are often longer than the standard injury rule, with extended timelines for adult survivors under Code of Civil Procedure section 340.16 and for childhood survivors under Code of Civil Procedure section 340.1. Because these rules have specific conditions, the safest step is to ask confidentially.
The following hypothetical examples illustrate how these cases can unfold. They are not based on any specific client and are provided for educational purposes only. A survivor comes forward years after an assault that happened where an organization had ignored earlier warnings. A civil claim, brought within the extended timelines the law allows, can seek accountability from both the individual and the organization.
See also: East Bay Sexual Assault Civil Attorney | Oakland Personal Injury Lawyer