What Damages May Be Available in a California Civil Case

In a California civil case for sexual abuse or assault, a survivor may be able to seek three kinds of damages: economic damages for documented financial losses such as therapy and lost income, non-economic damages for emotional harm and loss of enjoyment of life, and, in some cases, punitive damages meant to punish especially serious misconduct.

Wondering what a claim could mean in practical terms is common, and it does not mean a person is "in it for the money." This page explains how California sorts harm into categories, how each is proven, what deadlines can apply, and what affects the value of a claim.

How California Civil Law Categorizes Harm

Cal. Civ. Code § 3281 says that every person who suffers detriment from the unlawful act or omission of another "may recover from the person in fault a compensation therefor in money, which is called damages."

A civil claim for sexual abuse or assault is a tort claim, typically battery, intentional infliction of emotional distress, or negligence. Negligence is often the claim brought against an institution, such as a school, church or youth organization, that failed to protect the person in its care.

Each of the three categories named above also goes by another name. Economic damages are often called special damages, and non-economic damages are often called general damages. Together, those two are known as compensatory or actual damages, because they compensate for harm. Punitive damages are different: they are an additional award meant to punish and deter, available only in limited circumstances.

A civil case is separate from any criminal case, and a survivor can generally bring one whether or not criminal charges were filed or ended in a conviction. See our guide to civil vs. criminal cases.

Economic Damages: Losses That Can Be Documented

Economic damages are out-of-pocket financial losses caused by the harm, past and future. They commonly include:

• Medical and mental health treatment, including therapy, counseling, psychiatric care and medication.
• Lost wages, meaning income missed because of the harm.
• Lost earning capacity, for example where abuse disrupted education or a career path.
• Future care and therapy costs a person is likely to need.
• Other out-of-pocket expenses directly caused by the harm.

Cal. Civ. Code § 3283 provides that damages may be awarded for detriment resulting after a case begins, or "certain to result in the future." Future losses are often proven through experts, such as a treating clinician or an economist.

Many survivors have few records, especially when the harm happened years ago. That does not by itself end a claim, and losses can be reconstructed through other sources.

Non-Economic Damages: Harm That Does Not Come With a Receipt

Non-economic damages compensate for harms that are real but cannot be reduced to an invoice, including pain and suffering, emotional distress, anxiety, humiliation, post-traumatic stress, and loss of enjoyment of life.

California generally does not cap non-economic damages in sexual abuse civil cases. Cal. Civ. Code § 3333.2 limits non-economic damages in actions against a health care provider or health care institution "based on professional negligence," which is medical malpractice. It is not a general limit on sexual abuse and assault claims.

California jurors are guided by CACI No. 3905A, the standard jury instruction for non-economic damages. It tells jurors that there is no fixed standard for measuring this kind of harm and directs them to award a reasonable amount based on the evidence and their common sense.

Punitive Damages: When California Law Allows More

Punitive damages are not meant to compensate a loss. They punish the defendant and discourage similar conduct.

Under Cal. Civ. Code § 3294, a plaintiff may recover punitive damages where it is proven by "clear and convincing evidence" that the defendant was guilty of oppression, fraud, or malice. That standard is higher than the one used for the rest of a civil case. The statute defines malice to include conduct "intended by the defendant to cause injury" and "despicable conduct" carried on with "a willful and conscious disregard of the rights or safety of others."

Because sexual abuse and assault are intentional acts, claims against the person who committed them may meet that standard, though it must still be proven in each case.

Under § 3294(b), an employer is not liable for punitive damages based on an employee's acts unless the employer had advance knowledge of the employee's unfitness and kept employing them with conscious disregard of others' safety, or authorized or ratified the conduct, or was itself guilty of oppression, fraud, or malice. For a corporate employer, that knowledge or ratification must belong to "an officer, director, or managing agent." This matters in institutional sexual abuse cases. Punitive damages generally cannot be awarded against a public entity, such as a public school district.

Under Cal. Code Civ. Proc. § 340.1(b), a survivor of childhood sexual assault who proves it resulted from a cover up "may recover up to treble damages" against a defendant found to have covered up the assault of a minor, unless another law prohibits it. The statute defines a cover up as "a concerted effort to hide evidence relating to childhood sexual assault."

The Statute of Limitations and AB 218: Why Timing Matters

A statute of limitations is the deadline for filing a civil lawsuit. California's deadlines for sexual abuse are much longer than for most injuries.

Childhood sexual abuse. The rule depends on when the abuse happened, under Cal. Code Civ. Proc. § 340.1:

• For abuse occurring on or after January 1, 2024, the statute states there is "no time limit" for these actions, against the person who committed the abuse and against a person or entity whose negligent or intentional act was a legal cause of it.
• For abuse occurring on or before December 31, 2023, the law as it stood under AB 218 (2019) applies: a survivor generally has until age 40, or five years from when they discovered or reasonably should have discovered the psychological injury caused by the abuse, whichever is later.

AB 218 also opened a three-year revival window for older claims. That window closed on December 31, 2022. Later legislation did not revive claims that were already time-barred, and the no-time-limit rule does not reach earlier abuse. A survivor filing at age 40 or older also needs certificates of merit from the attorney and from a licensed mental health practitioner. Claims against local public entities have their own rules, discussed in our guide to childhood sexual abuse.

Adult sexual assault. Cal. Code Civ. Proc. § 335.1 sets a general two-year period for injury caused by "the wrongful act or neglect of another." Sexual assault of an adult, however, has a longer, specific limitations rule of its own, and discovery-based rules may also apply. California has also opened revival windows for some adult claims that would otherwise be too late: one for assault occurring on or after January 1, 2009, open through December 31, 2026, and a separate window running through December 31, 2027 that does not apply to public entities. Each has conditions, explained in our page on adult sexual assault.

These rules are fact-specific, and this page cannot say whether any particular claim is timely.

What Shapes the Value of a Civil Claim

No fixed price exists for a claim. Courts, juries and opposing parties weigh:

• Documentation of economic losses, including treatment costs, lost income and future care.
• The nature and duration of the harm and its effect on daily life, work and relationships.
• Who the defendant is. An individual may have limited means, while an institution may carry insurance.
• Whether punitive damages or cover-up damages are available.
• The quality of the testimony, from experts and people who knew the survivor.

Many civil sexual abuse cases resolve through settlement, shaped by the same factors. Justice for Survivors focuses on civil claims for survivors of sexual abuse and assault in California. See our overview of a California sexual abuse lawsuit.

If You Want to Know What the Law May Allow You

If you were sexually abused or assaulted in California, as a child or as an adult, you may have the right to pursue a civil claim. Through that claim, the law allows a survivor to seek compensation for emotional harm, therapy and medical costs, lost income, and other damages California recognizes, along with the justice a civil case may offer. Options may exist even when the abuse happened many years ago, because California has extended and revived its deadlines for these claims.

This page is not an assessment of anyone's case, and reading it commits you to nothing. A confidential case review is where the specific questions get direct answers: whether a claim may exist, which damages may apply, which deadline governs, and how fees and costs would work in your situation. It is free, private and carries no obligation. Nothing needs to be organized first, and you do not have to describe what happened in order to ask a question.

To ask what the law may allow in your situation, call Justice for Survivors at (866) 694-1630 for a confidential case review.