It is a tragic truth that some workers in the childcare industry take advantage of their positions of power to sexually abuse innocent children. The North Carolina sex abuse attorneys at Maginnis Howard are experienced in handling such claims of sexual abuse at daycare centers and can help your family pursue justice against the perpetrator and any other negligent persons. Our firm recently recovered $1.13 Million for a child who was sexually abused at a daycare center. Our lawyers will ensure your child’s privacy is protected. Any lawsuit involving a child is filed “under seal” using a pseudonym such as Jane or John Doe.
The abuse often happens many times before the person is caught. Although daycare centers, pre-schools, and other entities are supposed to thoroughly vet their employees and closely supervise and monitor them, many do a poor job. Workers with a checkered history, even those with a history of abuse, can sometimes be given access to children at childcare businesses. Sexual abuse at daycare is a significant issue that requires vigilance. Similarly, there are other occasions when employees who do not have a history of sexual abuse are not adequately monitored by their superiors even despite red flag-type events, and as a result, engage in reprehensible and criminal behavior with minors. In either event, the molestation victim not only has a right to expect prosecution of the criminal but also to pursue monetary damages through a civil lawsuit.
Identity of Defendants in a Civil Action for Sexual Abuse
In a typical North Carolina daycare abuse case, there are at least two defendants, but sometimes more. For example, possible defendants include/;
- the perpetrator of the crime
- the perpetrator’s manager(s) who failed to supervise him or her
- the owner(s) of the childcare center who employed the perpetrator
The claim against the actual abuser seldom leads to any actual financial recovery. Usually, these individuals have no meaningful assets, and insurance policies rarely cover intentional conduct. The more important claims are those against the negligent manager(s) and/or the entity that employed the abusive individual. The negligence claims against these parties for failure to properly supervise or for negligent hiring can lead to significant verdicts that applicable insurance policies can cover under the right circumstances.
Damages Recoverable for Sexual Abuse Harms and Losses
A sexual abuse victim has the right to ask a jury for significant damages from those responsible for their abuse. This includes asking for compensation for any mental health therapy that might be needed, any doctor bills related to the physical trauma, as well as compensation for past and future physical and psychological pain and suffering. In rape and molestation cases, the mental suffering is often the most crucial component. The psychological impact of sexual abuse at daycare can last a lifetime and can be, at times, emotionally debilitating. Jury verdicts in these types of cases can be tremendous, as juries often understand the lifetime trauma of sexual abuse.
A victim can also seek “punitive damages” against their abuser. A jury can award these damages simply to punish the abuser. It can also serve as a deterrent for the entire community. One Georgia jury allowed a $1,000,000,000 (that’s one billion, not one million) verdict in a sexual abuse case. Primarily, to deter other individuals who may victimize children.
Choosing a Lawyer
It is essential when your child has been abused to select an experienced sexual abuse attorney. Maginnis Howard attorney Shawn Howard is a “million dollar advocate,” in part because of his work recovering a million dollar plus resolution for a victim of sexual abuse at a daycare center. Put simply, the firm understands the complexity of these cases. One complexity is the common use of sexual abuse exclusions in commercial liability insurance contracts. Insurers and daycare centers sometimes use these exclusions to deny compensation to an innocent victim. Our lawyers are familiar with such exclusions and will tailor your child’s claim to fit within the policy terms. This is frequently the difference between recovering nothing for your child and recovering significant compensation. This is because, in many cases, the childcare center is a franchise that would not otherwise have sufficient assets to compensate for the harm caused by its negligence.
If you would like to schedule a free consultation, please visit our contact page to contact us. We handle sexual abuse cases across North Carolina and do so on a contingency fee basis. That means you don’t pay anything unless we recover compensation for your child.
