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A class action lawsuit allows a large group of people with similar claims against the same defendant to sue as a single entity. An Oregon sexual abuse attorney can help you determine if you are eligible to join a class action lawsuit based on institutional sexual abuse.
In cases of widespread institutional abuse at schools, religious institutions, or juvenile detention centers, a class action lawsuit may be the most practical and effective way for sexual abuse survivors to seek justice.
Rather than each survivor filing a separate, costly, and emotionally draining lawsuit, a class action lawsuit combines multiple claims in a single action. It brings a substantial claim against an institution and ensures that the case addresses the systemic nature of the abuse.
How Do Class Action Lawsuits Begin?
Pursuing a class action lawsuit based on institutional sexual abuse is a long and complicated process that involves several stages, each with specific legal requirements and challenges. Stage one is the investigation and filing stage.
The process begins when the attorneys for one or more abuse survivors (called named plaintiffs or class representatives) conduct a pre-filing investigation to identify a pattern of abuse and institutional negligence.
A lawyer will gather evidence, speak to other survivors, and establish that the institution’s policies, culture, or actions enabled the abuse by actively covering up abuse allegations, failing to conduct comprehensive background checks, or transferring accused abusers to other locations.
When your Oregon sexual abuse lawyer drafts and files a formal complaint with the court, stage two begins.
Stage Two: Class Certification
Class certification is critical because it determines whether the case may proceed as a class action. Before the lawsuit can proceed, a judge must certify the class. Named plaintiffs must prove the class meets four key criteria under Rule 23 of the Federal Rules of Civil Procedure.
- Size: The class must be so large that a standard lawsuit is impractical. Courts usually look for groups of forty or more. In widespread institutional abuse cases like the Boy Scouts or the Catholic Church, the number of potential survivors usually exceeds this threshold.
- Similarity: Class members must share a similar experience of institutional abuse. Institutional abuse cases often involve a systemic institutional failure. The focus here is not on specific acts of abuse but on the institution’s negligent response to abuse incidents.
- Typicality: The named plaintiffs’ claims must be typical of the class. Their interests must align with the rest of the class and address the core issues affecting all members. Named plaintiffs may not have any unique claims or conflicts of interest.
- Adequacy of representation: The named plaintiffs and their lawyers must fairly and adequately represent the interests of the class. Lawyers in these cases must have considerable experience and the skills to handle complex class action litigation.
In institutional abuse cases, class certification is a major victory for plaintiffs and a blow to the accused party (the defendant).
Stage Three: Discovery
When a judge certifies the class, the discovery phase begins. Discovery is the investigation phase where both sides gather evidence. Attorneys may use subpoenas to compel the production of emails, personnel files, and other relevant records.
Discovery in institutional abuse cases may find evidence of a cover-up or a failure to implement protective policies. Your Oregon sexual abuse lawyer may discover that the institution’s leaders were aware of:
- abuse allegations, but took no action
- training materials that failed to educate staff on how to report abuse
The lawyers may also conduct depositions (sworn interviews with witnesses). Documents and testimony in these cases may be extensive, so discovery may take months or years to complete. Evidence the lawyers find in discovery may give plaintiffs leverage in settlement negotiations.
Stage Four: Settlement or Trial
Most class-action lawsuits end with an out-of-court settlement rather than a trial. An out-of-court settlement is a negotiated agreement where the institution agrees to pay a sum of money to the class in exchange for the defendants dropping the lawsuit.
An out-of-court settlement is often the preferred outcome as it can provide compensation more quickly and avoid the long, unpredictable, and expensive trial process. Any settlement must have court approval.
The judge holds a fairness hearing to ensure the settlement is fair, reasonable, and adequate. If the judge finds the settlement is fair, it is binding for all class members. If no settlement is possible, the case proceeds to a jury trial, but this is rare and risky for both sides.
Stage Five: Settlement Distribution
After the court approves a settlement, it distributes the funds. The court may hire a third party to manage fund distribution, which may take months or even longer. The court notifies class members and gives them the opportunity to file a claim.
Payouts may not be equal, but the court ensures they are equitable and based on the severity and duration of the abuse and the harm survivors sustained. A survivor with extensive documentation of physical harm and years of therapy may receive more than a survivor with less documentation.
A settlement may require an institution to name new oversight committees, change a policy, or issue a public apology. These provisions serve as an acknowledgment of institutional failure and represent a commitment to change.
Do You Qualify for a Class Action Lawsuit?
For over twenty years, Oregon sexual abuse attorney Paul Galm has represented the survivors of institutional sexual abuse and has helped those survivors win justice, obtaining six- and seven-figure settlements and judgments for many of his clients.
Whether you qualify for a class action lawsuit or choose to file a standard sexual abuse lawsuit, when you contact Galm Law, you’ll get experienced, aggressive, and empathetic legal representation.
Call today to schedule a free legal consultation if you are a sexual abuse survivor and need legal counsel. You can reach Galm Law in Beaverton at 971-405-6660 or in Portland at 971-314-6399. Whether or not you hire attorney Paul Galm to represent you, all calls and consultations are free.
