Wondering whether to file on your own or join a group of survivors?
“What should I DO about what happened to me?” This is one of the first questions survivors ask themselves when they’re ready to disclose. And for good reason. The decision you make will affect every aspect of your case:
- How much compensation you might receive
- How long the process takes
- How much say you have in the outcome
Okay… so there is no “right” answer. Both can lead to institutional abuse responsibility, but take very different routes.
Let’s break it all down…
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In this guide:
- What Is Institutional Abuse Accountability?
- What Is an Individual Abuse Claim?
- What Is a Class Action Abuse Claim?
- Which Path Is Right For You?
What Is Institutional Abuse Accountability?
Institutional abuse accountability refers to the act of prosecuting an organisation responsible for abuse that occurred within it.
Schools. Churches. Foster care facilities. Youth camps. Juvenile detention centers. The principle is simple: The institution didn’t keep other people safe when it was responsible for doing so. Now it must pay the price.
That’s important because abuse rarely occurs alone. There’s almost always an organisation behind it that missed red flags, skipped conducting background checks, or looked the other way to protect its image. Survivors who step forward about serious cases of abuse such as the recent California juvenile detention center lawsuit aren’t just naming their abuser. They’re exposing a system that allowed the abuse to occur.
And the statistics speak for themselves. Last month, Los Angeles County reached a historic $4 billion settlement for 6,800 survivors sexually abused in county-run institutions and in foster care programs. It’s the largest settlement of its kind in the country.
Okay, how do survivors actually go about this? Well, there are two avenues…individual claims and class action claims. We’ll cover each.
What Is an Individual Abuse Claim?
An individual abuse claim is exactly what it sounds like.
It’s one lawsuit. One survivor (or in some cases two or three if siblings file together) sues the institution or perpetrator. It’s a completely individual case. Your story. Your evidence. Your result.
Here’s why survivors choose this path:
With individual claims, everything is personalized around YOUR experience. How bad what happened was to you, how much it affected your life moving forward and how strong your evidence is all factor into your result. There are no averages with a group of people.
That also means it can run into the millions of dollars. Individual verdicts and settlements may be dependent on the specific circumstances of one survivor. Last May, a jury in New Hampshire awarded $38 million to one survivor who was abused as a teenager at a state-run youth facility. His is just one of over 1,100 cases filed against that facility.
The benefits of an individual claim include:
- More control — you make the decisions about your case
- Personalised compensation — the amount fits your specific damages
- Privacy — many settlements stay confidential
However, there are downsides. Single claims can take more time and cost more of your effort. You are shouldering the burden yourself. That isn’t always simple when you go up against a large entity with lots of resources and high-priced attorneys.
Nevertheless for survivors who want their story front and centre telling it on an individual level is often the best option.
What Is a Class Action Abuse Claim?
A class action is different.
Rather than a single survivor bringing an individual claim, many survivors band together to bring one lawsuit against the same organisation. They have one thing in common. . . they were abused at the same place, or suffered similar neglect by the same entity.
Think of many witnesses. If dozens (or thousands) of survivors all say the same thing happened at the same location it becomes extremely difficult for an institution to claim otherwise.
Here’s the magic: Plaintiffs opt-in to become part of the case. The lawsuit proceeds on behalf of all plaintiffs at once. Evidence is combined. One survivor’s testimony supports another’s. Institutional patterns of abuse that were carefully covered up become undeniable.
Collective action has resulted in some of the largest settlements for abuse in history. The Boy Scouts of America bankruptcy resulted in a $2.46 billion settlement trust for more than 82,000 claims. Only together can we achieve this level of impact.
The benefits of a class action include:
- Shared costs — legal fees are spread across the whole group
- Collective strength — many voices are harder to dismiss than one
- Efficiency — survivors don’t each have to fight separately
Of course, there are compromises. You have less control over the case proceedings in a class action lawsuit. And because there are usually many more people getting a piece of the settlement, your individual payout can be less than you’d receive if you filed an individual claim. Your specific circumstances may also become overshadowed.
Yet for many survivors it’s worth the trade off. There is strength in numbers.
Which Path Is Right For You?
Now for the big question… which one should you choose?
Truthfully, it depends on your circumstances. There is no clear cut answer. Several factors tend to lean survivors toward one side or the other.
An individual claim often makes sense when:
- Your case has strong, specific evidence
- Your experience is unique or especially severe
- You want maximum control over the outcome
- You’d prefer to keep things private
A class action often makes sense when:
- Many survivors were harmed at the same institution
- You want to share the burden with others
- The strength of the case comes from the pattern of abuse
- You’d rather not carry a case entirely on your own
Remember this. Both roads are open. Both can lead to justice. And both can hold institutions accountable for the injustices they permitted.
One final detail… timing is everything. Several states have enacted laws called “lookback window” laws which allow survivors to file a claim even if the abuse occurred many years ago. However, these windows will not remain open indefinitely. Some have specific deadlines.
For that reason, the wisest course of action is to consult with an attorney who can advise you on your particular situation. An attorney can review the facts of your case, inform you of your options and help determine whether an individual claim or a class action lawsuit will best serve your chances of obtaining a favorable outcome.
Bringing It All Together
Deciding whether to file an individual or class action abuse claim should not be taken lightly.
Each are effective vehicles for holding institutions accountable for abuse. Which is best for you depends on the evidence you have, what you hope to accomplish and how many people were victimized with you. Lets recap briefly:
- Individual claims put your story front and centre with personalised compensation
- Class actions unite survivors for collective strength and shared costs
- Both paths hold institutions responsible for failing to protect the vulnerable
- Deadlines matter — lookback windows won’t stay open forever
The bottom line is that it takes courage to come forward, no matter which path you choose. But survivors are prevailing, and schools are being held accountable for what happened.
Whichever option is right for you, the first step is the most important…. talking to someone who will direct you to the justice you deserve.
