A: Yes. Civil lawsuits are entirely separate from criminal proceedings. Even if no criminal charges were filed, or if the criminal case did not result in a conviction, you still have the right to pursue justice through a civil claim. The burden of proof is different in civil cases, which means you may still hold responsible parties accountable and recover compensation.

A: New Mexico case law has carved out some exceptions regarding the statute of limitations in sexual abuse cases. The statute of limitations is three years against a private party, and two years against a government entity. Depending on the age of the survivor and when the abuse was discovered or reported, you may still have time to file a claim, even for abuse that occurred many years ago. These cases often involve “delayed discovery” that recognize the time it can take for survivors to process trauma and come forward. A minor almost always has until past their 18th birthday to file a claim. We encourage you to contact our office for a confidential review of your case to understand your legal options.

A: In addition to the individual perpetrator, you may be able to hold institutions accountable. This can include churches, schools, youth organizations, healthcare providers, employers, and other organizations that failed to protect or actively concealed the abuse. These entities often have greater financial resources, which can make a civil lawsuit an important tool for achieving meaningful compensation and systemic change.

A: Survivors of priest sexual abuse can still file a claim due to New Mexico's legal exception for childhood sexual abuse. We have experience in fighting for justice in these cases. Please see Priest Abuse 🔗 for more information.

A: Many cases settle before going to trial, which can help survivors avoid the stress of public testimony. However, sometimes a trial becomes necessary, and we will support and prepare you every step of the way. Whether or not a case goes to trial, is always up to you. Our approach prioritizes your comfort and emotional well-being throughout the legal process.

A: Settlements in these cases are based on several factors, including the severity and duration of the abuse, the long-term psychological and financial impact, the cost of ongoing medical and mental health treatment, and the emotional suffering endured. In cases involving institutional negligence, punitive damages may also increase the overall award.

A: At Aaron Boland, we represent clients on a contingency fee basis. This means you pay no legal fees upfront, and you owe no attorney fee unless we recover compensation on your behalf. If we win your case, whether through a settlement or jury (🔗) award, our fee is a percentage of the recovery. This arrangement ensures that high-quality legal representation is available to those who need it most, regardless of their financial situation. During your free consultation, we will explain the fee structure clearly so you understand exactly how it works before moving forward.