Civil Liability Independent of Criminal Prosecution
Wisconsin and Illinois both allow survivors to pursue civil damages against a perpetrator. In many cases, that extends to an institution that enabled the assault, regardless of whether criminal charges were filed or how a criminal case concluded. The civil standard of proof is lower than the criminal standard. A civil claim can sometimes succeed even where a criminal case did not.
The People In Your Corner
Your Milwaukee Injury Team
Leadership that sets the standard, and a dedicated personal injury group that carries your case day to day.
Extended Statutes of Limitations
Both states recognize that sexual assault trauma often delays disclosure. Both have extended filing deadlines specifically for these claims, considerably longer than the standard personal injury statute of limitations. In certain circumstances involving assaults against minors, the window can extend well into adulthood. The exact deadline depends on the survivor’s age at the time of the assault and the specific circumstances. It’s worth discussing your situation directly rather than assuming a claim is time-barred.
Institutional Liability
When an assault occurs within an institution, a school, church, employer, healthcare facility, or care facility, that institution can bear separate liability. This applies if it knew or reasonably should have known about a risk and failed to act. Cases involving institutional cover-up, inadequate background checks, or ignored prior complaints against the same individual often carry some of the strongest available evidence. A pattern of institutional failure is easier to document than a single isolated incident.
Confidentiality in the Civil Process
Civil cases can often proceed with protective measures for a survivor’s identity and personal information, including sealed records or the use of initials in public filings, depending on the court and circumstances. We discuss these protections directly with every client before any filing occurs. Nothing happens without you understanding what’s public and what isn’t.
Recoverable Damages
Medical and psychological treatment costs
including long-term therapy, which is frequently a central and ongoing expense
Lost wages and diminished earning capacity
trauma can affect a survivor’s ability to work, sometimes for an extended period
Pain and suffering
recognizing the full psychological and physical impact of the assault
Punitive damages
available in many cases given the intentional nature of the conduct
Institutional accountability damages
in cases involving an organization’s negligence or cover-up, separate from damages against the individual perpetrator.
How We Build Your Case
1
Listening first, and letting you set the pace of how much detail you share and when
2
Investigating whether an institution knew or should have known about a risk and failed to act
3
Identifying every liable party, including individuals and organizations with actual insurance coverage or assets
4
Working with your existing therapist or counselor, or connecting you with resources, without requiring you to relive the trauma repeatedly
5
Requesting institutional records — prior complaints, personnel files, background check documentation — that establish a pattern where one exists
6
Pursuing confidentiality protections throughout the civil process to the extent the law allows
7
Litigating when an institution’s insurer refuses to acknowledge legitimate responsibility.
Why Choose Tabak Law Injury Attorneys?
We handle these cases with discretion
Your privacy and comfort guide how we communicate and how we build your case.
We investigate institutional failure thoroughly
Where an organization enabled harm, we document it completely.
Trial-ready when it’s the right path
Most cases resolve through negotiated settlement, but we prepare every file as if trial may be necessary.
No fee unless we win
Free, confidential consultation, contingency-based representation, so cost is never a barrier to coming forward.
Client Experiences
People we stood beside.
Behind every case is a real person facing a difficult moment. Here is how clients describe working with our team.
Frequently Asked Questions
Speak with a Milwaukee Sexual Assault Attorney
You deserve to understand your options on your own terms, with an attorney who treats your case with the discretion it requires. Our Milwaukee-based team is available for a confidential consultation whenever you’re ready. No fee unless we win.