What Happens When You File a Civil Claim: A Step-by-Step Walkthrough

Step 1: The free, confidential consultation

Everything starts with a conversation. In a consultation, an attorney listens to what happened, asks about who was involved and any institution connected to the abuse, and explains your options. This is free and confidential — you are not committing to anything by talking.

The attorney will also check your state's statute of limitations and whether any lookback window applies, because timing can determine whether a claim is viable. There is no pressure: the goal is to give you clear, honest information about whether you have a case.

Step 2: Investigation and evidence-gathering

If you decide to move forward, the attorney investigates. This is where the case is built — and it's largely their work, not yours. Investigation typically includes:

• Collecting records: medical, therapy, employment, school, or institutional files
• Identifying every party who may be responsible, including enabling institutions
• Locating witnesses and, sometimes, other survivors of the same abuser
• Consulting experts (e.g., on trauma) where appropriate
• Assessing insurance coverage and the defendant's ability to pay

Step 3: Filing the complaint

When the case is ready, the attorney files a 'complaint' — the formal legal document that starts the lawsuit, names the defendants, and states what they did and what you're seeking. At this stage, your attorney can ask the court to let you proceed under a pseudonym (such as Jane Doe or John Doe) to protect your identity.

After filing, the defendants are formally served and given time to respond. They may answer, file motions to dismiss, or begin discussing settlement. The case is now officially underway.

Step 4: Discovery (where the facts come out)

Discovery is the longest and most substantive phase. Both sides exchange information under court rules. Documents are produced, written questions ('interrogatories') are answered, and witnesses give sworn testimony in depositions.

You may be asked to answer written questions and, in some cases, sit for a deposition. Your attorney prepares you thoroughly and is present throughout. Discovery is often where institutional cover-ups and prior complaints surface, and it frequently shifts a defendant toward settlement once the evidence is on the table.

Step 5: Negotiation, mediation, and resolution

Most civil cases resolve through settlement rather than a trial. Settlement talks can happen at any point, often intensifying after discovery or during a court-ordered mediation with a neutral third party. You always decide whether to accept a settlement — your attorney advises, but the choice is yours.

If no fair settlement is reached, the case can proceed to trial, where a judge or jury decides liability and damages. Either side can appeal a verdict. Whether you settle or try the case, the attorneys we connect survivors with are paid on contingency — a percentage of the recovery, with no fee if there is no recovery.

What's asked of you — and what isn't

Survivors are often relieved to learn how much of this their attorney carries. Your role is mainly to tell your story honestly, provide the records you have access to, stay reachable, and make the key decisions (whether to file, whether to settle). You do not need to navigate court procedure, draft legal documents, or confront the abuser yourself.

Abuse Justice Center is not a law firm and nothing here is legal advice. We match survivors, free, with vetted civil attorneys who handle these cases on contingency and guide you through every step. For confidential, 24/7 support, RAINN's hotline is 800-656-4673.

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