Are you a former foster care child that was sexually abused while staying at a group home? Are you related to someone that was sexually assaulted or harassed at a group home for foster care children? You may be entitled to compensation as a victim of child sexual abuse.
Children in the foster care system come from many different backgrounds, and some kids need more specialized attention than others. These include children with mental health disorders, pregnant teens, those with drug addictions, and even sex offenders.
Group homes provide a more restrictive and structured environment than traditional foster care homes. The homes can be in an institutional setting or a traditional house environment, depending on the children’s needs. For example, pregnant minors and babies are generally better off in a home-like setting with a “house parent.” However, those with serious mental health disorders may be placed in settings that are more like psychiatric wards.
In spite of these differences, the homes are meant to provide 24 hour care that’s focused on compassionate and therapeutic treatment. But many children suffer from abuse and neglect at these places, including sexual assault, grooming, and harassment. If you are one of the many foster care children who was subjected to sexual abuse at a group home, please consider a free consultation with one of our legal experts.
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Can I Sue a Foster Care Group Home for Sexual Abuse?
Yes, you can sue a group home if you were sexually abused due to negligence or misconduct. Obviously, you can file a lawsuit against the person that committed the abuse. But in most of these cases, we find that the abuser was enabled by a broken or corrupt system. The people that work for these facilities have a duty of care to the children they serve. This includes taking measures to prevent child sexual abuse and protocols for how to handle sexual assault allegations.
Below are examples of legal grounds that can provide you with the right to sue a group home:
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Lack of or insufficient hiring practices
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Lack of supervision or inadequate training of employees
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Failing to recognize clear signs of child abuse or not reporting complaints to the authorities.
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Failing to remove staff members that are accused of sexual assault while there is an investigation
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Destroying or concealing evidence that indicates the possibility of child sexual abuse
It’s no secret that lack of supervision is a major problem at many foster care homes and group homes. Some of them are poorly run by people, who are not qualified to work in these settings, or there is mass corruption within the system, and children end up as the unfortunate victims. Regardless of the reason, group homes must meet a reasonable standard of care, and failure to do so makes them liable if a minor is sexually abused at the facility.
Group Home Sexual Abuse Lawsuit Values
The average settlement for a group home sex abuse lawsuit is around $3,000,000 for cases involving sexual assault, and $1,000,000 for sexual harassment claims. However, these values are not set in stone, as there are many variations that exist from one case to another. In the most extreme cases of injury and neglect, a foster care group home lawsuit may be worth $10,000,000 to $15,000,000. On the other hand, certain cases will settle for around $500,000, and this may be a fair amount of compensation for that specific individual
In essence, there are many different factors we must examine in order to come up with a child sexual assault lawsuit value. To discuss how much compensation you can receive from a lawsuit, talk to a group home sexual abuse lawyer at our office.
Amount of Time to Settle a Group Home Sexual Assault Case
Overall, it can take anywhere from a few months to 3 or more years to settle a foster care group home sexual abuse claim. However, we would have to say that most of these cases take at least 12 months from start to finish. This is due to many complications, including special rules that apply to lawsuits against public / government entities. But acceptance of liability (responsibility) by the defendant is critical as well. As a general rule, people who work for group homes will not readily admit that they were negligent in their duty of care to a child that was sexually abused.
One thing people tend to worry about is the possibility of their case going to trial. Certainly, trying your case in court will lengthen the legal process by another year or two. But over 95% of foster care sexual assault lawsuits are settled without the need for a trial. With that in mind, we estimate that the average amount of time to settle a group home child abuse case is 1 to 2 years.
Statute of Limitations to Sue a Group Home for Sexual Abuse
As someone that was sexually assaulted or harassed in a group home, you must file a lawsuit by one of these dates:
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The day you turn 40 years old
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Within 5 years from when you discover an injury that resulted from childhood sexual abuse
The first standard has to do with the 22-year statute of limitations for child sexual abuse, starting from when you are 18, i.e., the legal age of consent in California. Thus, you would add 22 and 18 to get 40, which is why the deadline is based on the victim’s 40<th birthday.
Now, let’s look at the second standard, which is known as the discovery rule. Basically, this has to do with the fact that many children do not understand what is happening to them when they are sexually abused. But they generally have a sense of shame and fear, which they repress as a defense mechanism. This behavior is very common among kids in group homes, juvenile detention centers and other institutional settings. In any case, these victims usually develop serious mental and physical health disorders, but they don’t realize that these issues were caused by sexual abuse in a group home.
Hence, the discovery of abuse-related injuries can be delayed by many years, and the majority of clients that come to us are over the age of 40. But the laws in California allow the filing of a lawsuit within 5 years of the discovery date, no matter how old you are. As you can see, you may still have the opportunity to sue for sexual misconduct at a group home. To see if you are eligible for a lawsuit, contact the group home sexual assault lawyers of Normandie Law Firm.
Free Legal Services from a Child Sexual Abuse Attorney
Our goal is to bring you the compensation you deserve, while ensuring that your finances stay intact. That’s why victims never pay for the cost of legal services here at Normandie Law Firm. That’s covered by the party you are suing and paid to us as a part of your settlement check. So, if you don’t get paid from a foster care group home sex abuse lawsuit, neither do we.
We hope our Zero Fee Guarantee will give you the needed assurance to contact us and learn about your rights and legal options. Please call us right away to schedule a free case evaluation, or if you filed a lawsuit already, consider meeting with us for a free second opinion. Our attorneys look forward to speaking with you and fighting for the justice you are entitled to.
Other Pages on Our Website Related to This Topic
Yolo County Juvenile Hall Sexual Abuse Attorney
Franciscan Friars (Monks) Sexual Abuse and Assault Lawsuit Lawyers
VCPAJF Commitment Services Sexual Abuse Attorney
