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frequently asked questions
Child Sexual Abuse
1
What if I was sexually abused by someone who is no longer alive?It doesn't always matter if the predator who sexually abused you is alive. In some states civil lawsuits can be brought against the institutions covering up the abuse and were complicit in it. For example, a case involving a Roman Catholic priest who sexually abused children decades ago would be against the Diocese that employed that priest. This is a case of negligent retention and supervision. Because the priest's surpervisors had the opportunity to stop the abuse when they first knew about it, but instead, they covered it up.
2
If I was abused by a Catholic priest, how much would the case be worth?The monetary recovery in these cases is different state to state.
For example, the Maryland Child Victims Act places a $1.5 million cap on the amount of pain and suffering that can be recovered in a lawsuit. Many other states have no cap. Recoveries can also be limited when a local diocese files bankruptcy.
3
What is child sexual abuse?In most states, child sexual abuse involves any sexual activity or exploitation of a child under 17, including inappropriate touching, sexual acts, or exposure to sexual content. It is illegal, as children cannot consent. Some states have strict laws, requiring mandatory reporting for professionals like teachers and healthcare workers. Support services are available for abuse survivors, including counseling and legal aid, to ensure their safety and to help them begin the long process of healing.
4
What is the difference between a civil case and a criminal case?A civil sexual abuse lawsuit seeks financial compensation for the survivor’s emotional, physical, or psychological harm, with the survivor filing the lawsuit against the abuser or responsible institution. The goal is to hold the perpetrator and those who employed and protected them financially accountable.
In contrast, a criminal sexual abuse case is initiated by the state to prosecute the abuser for violating criminal laws. The focus is on punishment, such as imprisonment, rather than compensation.
Civil cases focus on damages for the victim, while criminal cases focus on justice for society.
5
What is mandatory reporting?Mandatory reporting is a legal requirement that certain professionals, such as teachers, healthcare workers, and social service providers, must report any suspected child abuse or neglect, including sexual abuse, to authorities. In some states these individuals are legally obligated to contact child protective services or law enforcement if they have reason to suspect child abuse. This system is designed to ensure that potential cases of abuse are investigated promptly to protect the child and prevent further harm. Failure to report can result in legal consequences for the mandated reporter.
6
If I pursue a case because I was sexually abused as a child, can my identity be protected?Yes, your identity can often be protected if you sue an institution for sexual abuse. Many courts allow survivors to file lawsuits under a pseudonym, such as "Jane Doe" or "John Doe," to maintain privacy. Additionally, court records can sometimes be sealed to prevent public disclosure of sensitive information. The specific protections available depend on your jurisdiction and the details of the case. It’s important to consult with an attorney experienced in sexual abuse cases to understand your options for maintaining confidentiality while pursuing a legal case.
7
Is there a case if my child was sexually abused by another child at school?The first duty of any school is to keep kids safe. If you’ve discovered that your child was sexually abused by another child, it’s crucial to address the situation seriously. Abuse, whether by a child or an adult, can have lasting effects. It's important to have your child evaluated by a psychologist or psychiatrist experienced in childhood sexual abuse. Ensure the school has taken appropriate measures to protect other children and has informed the abuser's parents. Even though the abuser is a child, the school is legally required to report the incident to law enforcement, who will take necessary steps to safeguard others. If the school had knowledge of the predator child’s actions, the school can be held responsible for the harm that was caused.
8
What should I do if I suspect my child has been abused?If you believe your child has been abused, it’s crucial to take immediate steps to ensure their safety and get help:
1. Stay calm and supportive: Create a safe environment where your child feels comfortable sharing.
2. Listen carefully: Encourage them to speak without pressuring or leading them.
3. Report the abuse: Contact local authorities, such as child protective services or the police.
4. Seek medical attention: Sometimes the best place to start is at your local children’s hospital or pediatrician’s office.
5. Find support: Consider therapy for your child and yourself to process the trauma. Many organizations offer resources for victims and their families.
1. Stay calm and supportive: Create a safe environment where your child feels comfortable sharing.
2. Listen carefully: Encourage them to speak without pressuring or leading them.
3. Report the abuse: Contact local authorities, such as child protective services or the police.
4. Seek medical attention: Sometimes the best place to start is at your local children’s hospital or pediatrician’s office.
5. Find support: Consider therapy for your child and yourself to process the trauma. Many organizations offer resources for victims and their families.
9
Can I still report an abuse if it happened a long time ago?If you were molested in the past and want to pursue criminal charges, it’s important to contact law enforcement, specifically the sex crimes unit of your local police or sheriff’s department. Reporting the abuse will lead to an investigation. If there is enough evidence, and if the case is timely, prosecutors can take legal action against the perpetrator.
Depending on your state and the details of your case, you may also have the option to file a civil lawsuit to seek compensation for the harm caused by the abuser and by the institution that employed the abuser.
Are you ready to tell your story?
Personal Injury- NY
1
How do I know if I have a personal injury case?If you were injured because of someone else’s carelessness or negligence, you may have a personal injury case. Personal injury lawyers also routinely take cases involving abuse or on behalf of surviving family members for wrongful death. If you or a family member has been injured, you may be able to pursue financial compensation for your damages. An experienced personal injury attorney from our team will evaluate your case for free to determine if you have a valid claim.
2
How much is my personal injury case worth?Every case is unique, and it’s impossible to determine how much a case is worth without evaluating all the facts. You may be eligible to recover damages for lost wages, medical expense, pain and suffering, and loss of enjoyment of life. As an experienced personal injury firm, our legal team can estimate the value of your case based on the extent of your injuries, medical treatment required, and your ability to earn a living.
Our skilled personal injury lawyers have the expertise to investigate thoroughly, consult expert resources, advocate on your behalf, and secure compensation for your losses to the maximum extent of the law. Contact us today for a free consultation.
3
How much does it cost to hire a personal injury attorney?You don’t pay any legal fees until we win or settle your case. We review your personal injury case for free, and there is no deposit or advance fee required. When a settlement or verdict is reached, then our legal fee is calculated at a percentage (usually one-third) of the total amount awarded. This is called a contingent fee agreement, which is how most personal injury lawyers are paid. Get a free case review by contacting Steve Boyd, PC.
4
If I’m injured in an accident, what should I do?Following an injury accident, our 24-hour response team can be reached at 716-600-0000 or 585-600-0000 and should be called as soon as practical. Additional steps that should be taken include:
Seek medical attention
If your injuries are severe, call an ambulance.
If you hit your head, get medical care immediately.
For less urgent injuries, see your doctor as soon as possible.
Notify police immediately
Don’t count on the police to gather all the evidence
Ask for a copy of the police report
Take pictures of scene
Take pictures of your injuries, the vehicles involved, the accident scene, and any object, equipment, or surface areas that may have caused your injury. If you are unable to take photos, have a friend/colleague/witness do it for you.
Identify witnesses
Obtain contact information for all witnesses: names, addresses, phone numbers, and license plate numbers.
Preserve your clothing
Place the clothes and shoes you were wearing in a bag for future evidence.
Notify your insurance company if you’re in a car crash
You must submit your application for no-fault coverage within 30 days of the accident.
Consult an experienced personal injury lawyer before giving a written or recorded statement to an insurance adjuster or anyone representing the party who injured you.
Notify the property owner if you’re injured on someone else’s property
Request to see the owner or manager on duty and obtain contact information.
5
Do I have to speak to my insurance company after an accident? If you were in a car accident, you should notify your insurance company of the accident. You must cooperate with your insurance provider as part of your insurance contract. This doesn’t mean, however, that you should speak with them without consulting a personal injury attorney. Insurance adjusters are trained to minimize your claim. You don’t want to give them any statements that could damage your case. Never contact the other party’s insurance company.
6
Why do I need a personal injury lawyer if I’m injured?If you’re seriously injured, you’ll go up against professionals who do everything possible to minimize the damages paid for personal injury claims. Most people don’t have the legal experience to fight against big insurance companies and their team of lawyers. But our top-rated personal injury attorneys can help ensure you receive what you’re owed for your losses. Our experienced team will:
- Provide a free case review
- Identify & secure critical evidence
- Recruit experts from around the U.S.
- Locate & interview key witnesses
- Create an overview of current & projected medical costs
- Determine if additional insurance coverage may be available
- Pursue monetary damages that you may not even have considered
- Travel to you & other injured parties
7
Can I settle my case on my own without a personal injury attorney?You can settle your own case, but usually for significantly less than what’s owed to you, in many cases only ten percent. You’ll most likely be dealing with insurance adjusters with years of training to minimize your claim. Insurance companies keep specialized staff to minimize settlements.
8
What if I’m injured but don’t want to sue?Whether to sue or not is always the choice of the injured person. While some injured people don’t want to take money away from someone who didn’t intentionally hurt them, it’s important to understand that almost all injury settlements are paid by the defendant’s insurance, not the defendant. All drivers and most homeowners and businesses pay for insurance for the specific purpose of payment in case of an accident. Even if it is necessary to sue, the vast majority of cases settle without a trial through negotiation with the insurance company.
9
Are there time limits involved in making a claim for personal injuries?Yes. Statutes of limitations differ from state to state. They often range from 90 days to three years from the date of injury, depending on the location and situation. (Please note: In New York State, No-fault accident claims are different from personal injury claims and must be submitted to your car insurance within 30 days.) Once the statute of limitations has passed, you’re barred from filing a claim for damages. Statutes of limitations may be extended for children and people suffering from mental limitations or illness.
10
Who pays my bills after I settle my auto injury case?In New York, the insurance for the car you were in when the accident happened pays your medical bills and lost wages. This is called a no-fault claim. It is not part of your personal injury lawsuit, which is against the other driver and their insurance company. If medical bills or wages are still being paid by the no-fault insurance when your personal injury claim with the other driver’s insurance company is settled, the personal injury settlement has no impact on these payments. They should continue to be paid by the no-fault insurer.