Clergy Sexual Abuse Lawsuit
As many states reopen or extend their statute of limitations for sexual abuse against children, more victims are coming forward to seek accountability and compensation from members of the clergy across religious denominations. Our experienced attorneys at Warner Law Offices are standing by to ensure you know your full legal rights and help you pursue justice through a clergy sex abuse lawsuit.
Victims of sexual abuse by clergy members may be able to sue both their abusers and the church administrators who failed to protect their congregation from sexual predators. The physical and emotional harm suffered by victims of sexual abuse can lead to serious psychological trauma and have long-lasting impacts on their education, work, and social lives.
Our full-service personal injury law firm has been providing high-quality legal representation to communities throughout West Virginia and the surrounding area for over 20 years. With decades of combined experience and a proven track record of success, our firm has what it takes to handle your case from start to finish. Call (304) 345-6789 or contact us online to schedule your free, confidential consultation.
- West Virginia Clergy Abuse Claims and Lawsuits
- Updates on Sexual Abuse by Members of the Clergy
- Can You Sue the Catholic Church?
- Can You Sue a Diocese That Declared Bankruptcy?
- Can You Sue a Priest for Sexual Abuse?
- Evidence Your Legal Team Can Use in a Lawsuit
- Damages Available in a Church Sex Abuse Lawsuit
- Deadline for Filing Your Clergy Sexual Abuse Lawsuit Against the Church
- Get Help With Your Clergy Sexual Abuse Lawsuit Today
West Virginia Clergy Abuse Claims and Lawsuits
If you are considering filing a clergy sexual abuse lawsuit, our experienced legal team can navigate the law to build the strongest case possible on your behalf. Sadly, there have been many instances of clergy sexual abuse in West Virginia over the years.
Lists of Clerics Accused of Sexual Abuse
In November 2018, the Diocese of Wheeling-Charleston, which administrates the Catholic Church in West Virginia, released the names of clergy members facing credible accusations of sexual abuse dating back to the 1950s. It also released a list of clergy members who served in West Virginia despite facing credible complaints in other areas.
Warner Law Office Sues Diocese of Wheeling-Charleston
Our firm filed a sexual abuse lawsuit against Bishop Michael J. Bransfield, leader of the Diocese from 2005-2018, and other defendants on behalf of our client, an altar server and secretary to the Bishop. The Attorney General of West Virginia also filed a civil lawsuit against Bishop Bransfield and the Diocese. The West Virginia Supreme Court later dismissed the claim even though the state’s investigation identified credible accusations against 40 priests.
“It’s very ironic that members of the church were aware I was preparing this complaint over the last two weeks, then the AG’s office filed their suit. But there are no individuals named in their complaint. Personally, I think it is better for individual attorneys to represent individuals.
My investigation shows that this is a cultural epidemic. . . . I believe there to be many more victims. No matter how they reach out—either through the AG’s office or with a private attorney—it’s time for this conduct to stop.
Unfortunately, the church doesn’t seem to be able to take care of it on its own. Hopefully, we can have the right attorneys come forward to change the culture and hold the church accountable.”Bobby Warner, Founding Partner, in an interview with The West Virginia Record.
Updates on Sexual Abuse by Members of the Clergy
Clergy sexual abuse lawsuits are widespread across the country. In West Virginia, House Bill 4559 was signed into law in March 2020, extending the deadline for filing civil sexual abuse claims in cases involving minors. Child victims of clergy sexual abuse previously had until the age of 22 to file a lawsuit. Under the new law, they now have until their 36th birthday.
The Diocese of Wheeling-Charleston website explains how to report suspected child sexual abuse to legal authorities, as well as their Office of Safe Environment. However, it is best to consult with an attorney before reporting to your church, as there have historically been many instances of church authorities conspiring to shield clergy members accused of sexual abuse.
As public and legal scrutiny in West Virginia and beyond empowers more victims of clergy sexual abuse to come forward, our firm will continue to do its part in holding child sexual abusers accountable. We proudly serve the West Virginia community and work hard to level the playing field for vulnerable plaintiffs seeking justice, accountability, and compensation from powerful individuals and institutions.
Can You Sue the Catholic Church?
Yes, you can sue the Catholic Church for negligently failing to protect you or your child from sexual abuse at the hands of its clergy members. For example, our attorneys can argue that the Church did not adequately screen new hires or supervise staff members. The Church may also be liable for conspiring to hide sexual abuse by clergy members or failing to take appropriate action after receiving credible allegations.
Again, church officials sometimes try to cover up allegations, often moving accused sexual abusers from parish to parish. They may even conceal alleged abuse by destroying or hiding records. Our attorneys have the experience necessary to fight back and hold church leaders accountable when they fail in their duty to protect vulnerable members of their congregations from sexual abuse.
Can You Sue a Diocese That Declared Bankruptcy?
Yes. However, because bankruptcy cases normally lead to an automatic stay of litigation against the filer, sexual abuse victims must seek relief from the presiding bankruptcy court. As of April 2024, 38 Catholic religious organizations have sought bankruptcy protection across the United States.
The judge in the bankruptcy case may set up a trust and explain who can collect from it, including victims of clergy sexual abuse where appropriate. However, there is usually a “bar date” after which victims can no longer file for relief.
If you wish to file a claim against a bankrupt diocese or other religious organization, contact our clergy sexual abuse lawyers immediately. We will identify applicable bar dates and determine whether there are other potentially liable parties in your case.
Can You Sue a Priest for Sexual Abuse?
Yes, you can file a civil sex abuse lawsuit against a priest or other clergy member directly. Our experienced attorneys can advise you on how to proceed. Among other things, we will ensure that you do not miss the all-important deadline set by the statute of limitations.
If you cannot sue a clergy member because they have died, you may still be able to file suit against their diocese or other governing body if it negligently failed to prevent your abuse. Our skilled West Virginia sexual abuse attorneys will evaluate your claim and identify all potential legal avenues toward justice, accountability, and compensation.
Evidence Your Legal Team Can Use in a Lawsuit
You will need evidence to prevail in a clergy sexual abuse lawsuit. Our attorneys will collect all available evidence to substantiate your case. Among other things, important evidence may include:
- The victim’s testimony
- Witness testimony
- Medical records
- Therapist/counselor records
- Police reports
- Church records
- Emails/letters
- Photographs
- Video/audio recordings
- Expert testimony
- Psychological evaluations
- Confessions/admissions
- Legal documents (e.g., previous lawsuits, settlements)
- Diaries/journals
- Social media posts
- School records
- Employment records
- Other victims’ testimonies
Damages Available in a Church Sex Abuse Lawsuit
By filing a civil church sex abuse lawsuit, you can recover significant legal compensation for the physical, emotional, and financial harm you suffered. Compensable economic damages include things like medical expenses, therapy bills, lost wages, and lowered future earning capacity. Compensable non-economic damages include things like physical pain, psychological suffering, and loss of enjoyment of life.
Our knowledgeable clergy sex abuse lawyers have the skills and expertise needed to calculate the full legal value of your damages, addressing both the past and future impact of the abuse you suffered. Though monetary compensation certainly cannot undo the trauma of sexual abuse, it can provide a strong sense of justice by holding perpetrators and their parent institutions legally accountable.
Deadline for Filing Your Clergy Sexual Abuse Lawsuit Against the Church
If you want to file a priest sex abuse lawsuit for incidents that happened when you were an adult, you normally have two years under the West Virginia sexual assault statute of limitations to do so. However, victims who were minors at the time of their abuse have until the age of 36 to file.
“A lot of people don't know that you have 18 years after your 18th birthday to file a case against your abuser if the abuse happened to you as a minor. This allows victims more time to understand what has happened to them, seek treatment, and get justice.”
Bobby Warner, Founding Partner
Get Help With Your Clergy Sexual Abuse Lawsuit Today
The compassionate attorneys at our leading West Virginia personal injury law firm understand the devastating impact sexual abuse by clergy members and other church employees can have on victims, especially vulnerable minors. We are also keenly aware that actions taken by church leaders in the wake of abuse accusations often hurt more than they help. In many cases, church administrators even seek to cover up abuse accusations.
Though it can be difficult to step forward after experiencing sexual abuse, remember that you are not alone. Our firm is motivated by a sincere desire to ensure that justice is served. We will support you and your family through every step of your claim. Call (304) 345-6789 or contact us online to schedule your free, confidential consultation.
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Charleston, WV 25301
Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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