For victims of sexual harassment, one of the first steps towards justice is filing a claim against your employer or the individual responsible for the harassment. These can be tricky legal proceedings and without the help of an attorney, one might not be aware of all the legal options they have. They might also wonder, “How long do sexual harassment cases take to settle in California?” At Diefer Law Group, our skilled attorneys can answer that question.
These claims can take a long time to resolve. The timeline can vary depending on the direction your case takes. These cases can take weeks, months, even years to settle even if all of the parties involved agree to settle the situation outside of court. At Diefer Law Group, our team has over 60 years of shared legal experience and we are ready to fight for you.
How Long Can It Take to Settle a Sexual Harassment Case in California?
An individual who has suffered sexual harassment in California might decide to settle their harassment case in order to move the litigation process along faster. These legal proceedings can be tough on victims, as they will often be asked to relive their experience. Therefore, it makes sense for them to want to hurry the process along. However, these processes can still take some time.
In a settlement, both parties agree to end the case outside of court by coming to an agreement on financial compensation. In doing this, the defendant, often an individual or the victim’s employer, will accept fault for their actions. However, before any of this can occur, mediation or negotiation is usually held between the parties and their legal teams. During both of these processes, attorneys attempt to settle the matter and avoid court trials.
When a Settlement Cannot Be Reached
In cases where a settlement cannot be reached through mediation or negotiation, the case will most likely move forward to a courtroom trial before a judge. Factors that might influence a case’s timeline in court can include the availability of the court, the court’s total caseload, the complexity of the case and the nuances involved therein, and the cooperation between all parties involved in the case.
It is important to remember that even if a settlement seems like the quicker way to reach a resolution, it may not always be in your interest. Your employer may be incentivized to offer you a lowball settlement amount in hopes that you will take it out of desperation. In these cases, courtroom litigation might be the better option.
The Sexual Harassment Statute of Limitations and Its Exceptions
In the state of California, there is a statute of limitations of three years placed on sexual harassment cases. This means individuals who have faced sexual harassment in their place of work or other establishments have a three-year window to file a claim against the defendant. If you try to file a claim for sexual harassment after this period of time, your chances of successfully filing and winning the claim are almost zero.
However, there may be exceptions to this rule if certain factors are involved in your case. These exceptions can include:
- A claim against a government entity. These claims must actually be filed much sooner.
- Being the survivor of sexual abuse. Different rules might apply to these cases, allowing for a longer timeline.
- Being a minor. The statute of limitations might be extended for these individuals until they reach the age of majority.
- A delay in discovery, in cases where a victim does not realize they were harassed until much later
- Cases of ongoing harassment. In situations where the harassment continues, the statute of limitations may not start until the last incident of harassment.
FAQs
Q: Are There Reasons to Settle My Sexual Harassment Case?
A: There are two main reasons why an individual may wish to seek a settlement in their sexual harassment case instead of proceeding to a courtroom trial. These reasons include control, as a settlement will allow the victim more control in the case, and speed, as settling a sexual harassment case tends to be a quicker method for reaching a resolution.
Q: What Damages Are Available in a Sexual Harassment Case?
A: There can be several damages available to recover in a sexual harassment case. It depends on the nature of the harassment and its severity. These damages can include medical bills, doctor’s visits, counseling, therapy, pain and suffering, emotional or mental anguish, lost wages, front pay, back pay, and, in some rare cases, punitive damages.
Q: Are There Consequences to Settling a Sexual Harassment Case?
A: Yes, there are a handful of consequences when it comes to settling a sexual harassment case. These can include a limitation placed on the victim for any possible further legal action and being unable to publicly voice their experience in a courtroom. Additionally, in many cases settling a claim offers lower compensation than those won in court.
Q: What Are the Three Types of Workplace Sexual Harassment?
A: One of the three main types of workplace sexual harassment is Quid Pro Quo, or an individual in authority requesting sexual favors in exchange for certain workplace benefits or threatening acts of retaliation if the favors are not granted. Another type is a hostile work environment, or harassment that is so severe and pervasive that it keeps an individual from performing their job duties. The final type is unwanted physical contact, such as kissing, touching, or groping.
Speak With a Trusted Sexual Harassment Attorney Today
If you have suffered sexual harassment at the hands of an employer, coworker, or another individual, you deserve a chance to hold this individual accountable and to receive the compensation and justice you are owed. Unfortunately, these cases can be tricky, and the legal proceedings that surround them are often complicated. Having an attorney from Diefer Law Group can make all the difference in the outcome of your case.
Our legal team has the acumen and resources necessary to help you obtain an optimal outcome. Contact our offices today.
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