Has Your Child Been Inappropriately Touched at Daycare? New Mexico Attorneys

Statistics regarding the prevalence of child abuse in New Mexico are both heartbreaking and alarming. In 2017, for example, the U.S. Department of Health and Human Services reported that only three other states in the country had recorded higher rates of child maltreatment than New Mexico. And while these figures reflect rates of abuse across varied settings, the New Mexico attorneys at Carabin Shaw know too well that many of these incidents occur within daycare environments. Our lawyers also know that when children are subjected to daycare sexual abuse in particular, the impacts may be especially devastating.

While no legal proceedings can erase the pain caused by an incident of daycare abuse, thankfully children and their parents have many options when it comes to holding perpetrators accountable and securing the financial compensation they deserve. Through the filing of civil lawsuits, victims and their families can secure monetary awards for the damages they’ve suffered and begin their journey towards recovery.

The legal process following daycare sexual abuse can be a complicated one, leaving many parents with questions about what they should do in the aftermath of an abusive incident. Child sexual abuse attorneys in New Mexico always recommend that a parent’s first response to discovering abuse should be securing medical attention for their child right away and reporting the abuse to the police and local child protective services. After removing the child from the abusive environment and notifying appropriate authorities, parents will likely want to consult with a specialized attorney to determine what their legal rights and options may be.

Generally speaking, child sexual abuse cases progress in two distinct stages: criminal court proceedings and civil court proceedings. After an allegation of daycare abuse is made, state prosecutors will conduct in-depth investigations that result in the filing of charges against suspected prosecutors. These cases will then be tried in criminal courts, where defendants can be sentenced to prison time or other fines and penalties.

Criminal lawsuits are not designed, however, to provide victims the opportunity to secure financial compensation for the damages they’ve suffered through abuse. Instead, it is a civil lawsuit that gives a victim the opportunity to file for financial damages, such as costs associated with medical treatments, psychotherapy, alternative childcare, and ongoing pain and suffering.

The most obvious answer to the question of who holds legal liability for daycare abuse is the individual employee responsible for harming a child. As New Mexico daycare abuse lawyers know, however, not all perpetrators will have sufficient assets to finance the settlement awards that victims deserve.

Because of this, lawyers will often use a number of legal theories to argue that the organizations responsible for hiring and supervising an employee were negligent in their duties and thus culpable for the abuse that ensued. Large daycare companies are much more likely to have the monetary resources and insurance coverage needed to finance comprehensive settlements, so victims can generally expect larger awards when these entities are also held liable.

Has your child been inappropriately touched at daycare? If the answer to this question is “yes,” speaking with a respected legal team about your rights is the best step you can take to ensure your child’s future wellbeing. The dedicated lawyers at Carabin Shaw have years of experience handling the delicate issues surrounding child sexual abuse cases, and are eager to help your family seek justice and begin recovery.

Contact us today at 800-862-1260 to get started with a free case review. Our English and Spanish-speaking staff members are available 24/7 to provide the assistance you need as quickly as possible.