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EspañolSuing an Abuser for Money
You may have a right to seek justice from the abuser through the court system where you live. If a person is injured by someone else, the victim can sue the abuser for “damages.” This means money for things like:
- medical bills;
- lost wages or employment;
- physical and emotional pain and suffering; and
- to punish the abuser (punitive damages), in some cases.
Each state has its own laws on these subjects, but, for the most part, they are very similar when it comes to injuries from abuse. One thing to know is that there are time limits for bringing lawsuits, called “statutes of limitations.“ You may want to ask a Nebraska lawyer about your state’s statutes of limitations.
Aside from damages related to any type of abuse, Nebraska has two laws that specifically address trafficking and non-consensual image sharing.
Nebraska’s law specifically allows a victim of trafficking, or their parent or legal guardian, to sue the trafficker for mental or physical injuries caused by the trafficking. They can ask that the trafficker pay for all their attorney’s fees, and any costs associated with filing the civil lawsuit.1
In addition, Nebraska law allows a victim of non-consensual image sharing, sometimes called “revenge porn,” to sue the abuser for the harm their actions caused. Victims can also ask for damages for emotional distress.2 This law applies to actual images of the victim and to images that were computer-generated.3 The judge can award any of the following to the victim:
- money for the harm the victim suffered, whether the harm can be easily counted in money or is “presumed” by the court;
- any profit that the abuser made from the sharing of the images;
- court costs and attorney’s fees;
- an injunction; or
- anything else the judge believes is appropriate.4
If your damages are below a certain amount, you may be able to file on your own in small claims court. Small claims court is a less formal type of court where you would represent yourself. In fact, Nebraska law specifically says that lawyers are not allowed to represent people in small claims court.5 You may file in small claims court on your own as long as you are asking for $7,500 or less.6 For more information on Nebraska small claims court, please visit the Nebraska Judicial Branch On Line Self-Help website.
If you want to sue for more, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingency fee.” This means the lawyer doesn’t get paid unless you win in court. Then they would take some percentage, usually a third, of whatever damages the judge orders. Sometimes, the judge will order the abuser (defendant) to pay for your attorney’s fees.
If you need help finding a lawyer who can take your case for a contingency fee, you can contact the National Crime Victim Bar Association. They can refer you to lawyers in your state who represent crime victims in lawsuits against abusers. (WomensLaw.org is unrelated to this organization.)
1 Neb. Rev. Stat. § 25-21,299
2 Neb. Rev. Stat. §§ 25-3502; 25-3505
3 Neb. Rev. Stat. § 25-3503(a)(2)(C)
4 Neb. Rev. Stat. § 25-3505(a), (b)
5 Neb. Rev. Stat. § 25-2803(2)
6 Neb. Rev. Stat. § 25-2802(4)
