Suing After Childcare or Daycare Sexual Abuse in Arizona
What options are available for the victims of daycare sexual abuse? In the state of Arizona, parents and guardians have the right to file charges against their child’s abuser. However, many parents have little to no experience with the legal system. The following guide to suing after childcare or daycare sexual abuse can help parents understand what to expect from the personal injury lawsuit process.Establishing Liability for Your Child’s Abuse
The first thing that should be established in a child injury lawsuit are any liable parties. In order to be held financially liable in a personal injury lawsuit, your Arizona daycare abuse lawyer must establish that the defendant:
- Owed your child a duty of care
- Breached this duty of care
- Caused your child harm due to this breach of care
The foremost responsibility lies with the employee who sexually abused a child under their care. Childcare workers are required to protect the children under their care; breaching this duty by committing sexual abuse can cause victims immense psychological and emotional injury.
Secondly, parents may have a case to file a lawsuit against the daycare facility itself if their negligence resulted in your child’s abuse. For example, if a daycare facility failed to adequately check employee’s backgrounds, they could be held liable for your child’s subsequent injuries.Claiming Damages in a Child Injury Lawsuit
According to Arizona state law, you may seek compensation for:Physical Damages
Sexual abuse can result in a variety of physical injuries. For example, children who have been sexually abused may suffer genital bruising and/or bleeding. Additionally, sexual abuse can result in contraction of sexually transmitted diseases.Emotional and Psychological Suffering
While physical injuries do occur as a result of child sexual abuse, the longer lasting impacts are trauma-related. Victims of child sexual abuse may suffer intense anxiety and depression. Parents, siblings, and other family members may also suffer second hand trauma.Financial Losses
Daycare sexual abuse may result in hundreds of thousands of dollars spent towards treating your child’s physical injuries and emotional trauma. Any costs related to your child’s daycare abuse should be included in your child injury lawsuit.
If your child or family has suffered other losses in the aftermath of daycare sexual abuse, talk to a qualified child injury attorney in Arizona to determine what you are eligible to claim in your lawsuit.Should You File Criminal or Civil Charges?
Parents who are seeking legal justice for their child’s daycare abuse have the option to pursue criminal or civil charges against the responsible. Filing criminal charges allows parents to seek the criminal conviction and possible incarceration of their child’s abuser. There are many reasons, however, for parents to pursue civil charges. For example:
- A criminal trial is a lengthy process. It may take months, even years, to win justice for your child’s abuse, even with the help of an experienced child injury attorney in Arizona.
- In order to successfully win a criminal trial, there must be definitive proof that your child’s abuse was committed by the defendant. If you do not have concrete evidence to support your claim, your child’s abuser may go free without any financial or criminal penalties.
- In order to see any compensation in a criminal trial, a jury must unanimously decide on the defendant’s guilt. In financial settlement negotiations, your compensation is determined by your child injury attorney’s ability to successfully represent your claim.
Ultimately, parents have the right to make the best choice for their child. Consulting with an experienced child injury lawyer can help parents determine the best course of action to seek justice for their child.The Arizona Personal Injury Attorneys at Carabin Shaw
If your child has suffered daycare sexual abuse, the personal injury attorneys at Carabin Shaw can help. To schedule your no-cost, no-obligation case review with an experienced child injury attorney, call our 24/7 English and Spanish-speaking office staff at 800-862-1260.