Dan Kotin and Jeannie LaBarbara Author Article on Child Sexual Abuse for Illinois Trial Lawyers Association's Trial Journal

May 21, 2026

Dan Kotin and Jeannie LaBarbara recently authored an article on "The Need for Trauma-Informed Advocacy in Civil Child Sexual Abuse Cases," which was published in the Illinois Trial Lawyers Association's Trial Journal, Summer 2026. The article reasons that child sexual abuse cases require a highly individualized, trauma-informed approach because survivors' injuries are often invisible, delayed, and psychologically complex. Unlike typical personal injury cases, these matters demand not only legal skill but also sensitivity to how trauma affects survivors throughout litigation.

Trauma can influence memory, emotional responses, communication, and behavior. Survivors may delay reporting abuse, recall events inconsistently, avoid confrontation, or experience anxiety and flashbacks. These reactions are normal trauma responses, but they are often misinterpreted as signs of dishonesty or weak claims. Courts, including Illinois courts, have recognized that delayed disclosure is common among child sexual abuse victims.

Dan Kotin explains that "Lawyers must balance aggressive advocacy with protecting survivors from further harm. Litigation itself—including depositions, discovery, and court appearances—can retraumatize victims if these matters are not handled carefully." Attorneys should thus identify the survivor's goals early, distinguish them from parents' wishes, and focus on outcomes that support the survivor's healing and empowerment.

There are several trauma-informed practices that attorneys should follow in cases involving child sexual abuse, including:

• Maintaining predictable and respectful communication.
• Using clear, accurate language about abuse.
• Collaborating with therapists, advocates, and support systems.
• Allowing survivors to control how involved they want to be in the case.

When criminal proceedings are happening alongside civil litigation, the article notes that civil lawyers can still support clients by using tools such as:

• Marcy's Law, which gives crime victims enforceable rights in Illinois.
• Victim advocates, who help survivors navigate the criminal justice process.
• Court facility dogs, which are specially trained service animals that can help reduce anxiety and emotional distress during testimony and court appearances.

"Trauma-informed advocacy strengthens both client well-being and legal representation. Civil practitioners must remain aware that routine litigation decisions can deeply affect survivors' sense of safety, trust, and agency, and they should pursue accountability without causing additional harm" said Jeannie LaBarbara.

Dan Kotin has been a member of Illinois Trial Lawyers Association for more than 30 years, and he currently serves on its Board of Managers. For more information on how Tomasik Kotin Kasserman, LLC can provide effective representation in personal injury cases, contact us at 312-605-8800.