LAS VEGAS VICTIMS OF SEXUAL ABUSE ATTORNEYS
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AGGRESSIVELY FIGHTING TO PROTECT VICTIMS OF SEXUAL ABUSE
If your child has been sexually abused, it is important to retain an experienced personal injury attorney who knows how to handle these particularly sensitive cases. At Bernstein & Poisson, our legal team has worked on many cases involving sexual abuse of children and understands how to approach these types of injury claims both delicately and aggressively. Our Las Vegas sexual abuse injury attorneys are committed to holding at-fault parties responsible for these atrocities.
In addition to facing criminal penalties, a person who sexually abuses a child may be brought to justice in civil court, where the family of the child may make a claim for monetary damages. Many of these cases will hold the employer of the adult abuser accountable, but in other cases, a claim may be made against the abuser’s homeowner insurance company, which covers negligent acts by family members who reside there.
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IDENTIFYING CHILD SEXUAL ABUSE BY ADULTS IN POSITIONS OF TRUST OR AUTHORITY
An adult who is intent on sexually abusing children may put him/herself in a position where he/she is often in close contact with children.
Examples may include:
- Scout Leaders
- Camp counselors
The adult will often create a situation where he has the opportunity to be alone with the child. An example may be a teacher who asks a child to stay in school after hours or to meet for special help.
HOLDING ALL RESPONSIBLE PARTIES ACCOUNTABLE
The sexual abuse of a child in personal injury cases is legally complicated and requires an experienced lawyer who can brainstorm an effective legal strategy to obtain justice. Attorneys with experience in recovering monetary damages for sexual abuse cases will consider hiring a psychologist with experience in child sexual abuse to evaluate the child and allow presentation of the full extent of the injury through written reports and/or expert testimony.
The employer of an adult who sexually abuses a minor child is usually responsible for paying damages while the employee acted within the course and scope of his/her employment responsibilities.
- A school district is generally responsible for paying damages when a teacher sexually abuses a child.
- The YMCA or other organization may be responsible for paying damages where a coach or other leader sexually abuses a child.
- The archdiocese may be responsible for paying money damages where a religious leader sexually abuses a child.
- A hospital may be responsible for paying money damages where a physician or other employee sexually abuses a child.
These are a few examples to help you understand the idea of employer liability for the acts of its employees. The employee does not have to be a paid employee; he/she may be a volunteer.
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EXAMPLES OF SEXUAL ABUSE CASES HANDLED BY OUR FIRM
When it comes to sexual abuse, there is no exact set of facts that apply to every situation.
- Spousal Responsibility – We worked on a case where an adult male neighbor babysat a young child. The adult male’s wife was aware that her husband had previously abused children and did nothing to stop the babysitting. The husband ultimately sexually abused the child. The homeowner’s insurance company paid the maximum policy limit after we brought a case against the wife for her negligence that allowed the sexual molestation to occur.
- Parental Responsibility – In another instance, a relative who was aware that his minor son was involved in sexual abuse, allowed his relative’s children to sleep in the same room, unsupervised, and with the door closed. Sexual abuse of the child occurred and we brought a claim against the parents of the minor who sexually abused our minor child client.
- Institutional Responsibility – At Bernstein & Poisson, we worked on a case where a mentally handicapped child who lived in a group home was sexually abused by another child. We successfully won a case against the home for failing to supervise the children, which allowed the abuse to occur. The child sexual abuse occurred during the nighttime hours when the sexually deviant minor left his room and entered the room of our minor client. No supervision over the minors during the nighttime hours took place. We settled the case for a confidential amount.
It is very important to hire an experienced Las Vegas sexual abuse injury lawyer who is familiar with Nevada law surrounding sexual abuse of a minor child. It is important to understand that, under Nevada Common Law, anyone who is unreasonably careless in allowing a situation to arise which results in the sexual abuse of a minor child is legally responsible for the injury and damages caused.
UNDERSTANDING THE NEED FOR CONFIDENTIALITY
After successfully settling numerous cases where we represented sexually abused minor clients, our attorneys understand the difficult circumstances and the important need to keep the sexual abuse confidential. There is a need for a fast and successful settlement. In the event that a lawsuit must be filed, neither the parents nor the sexually abused minor’s name is used in the legal complaint. The child and parents are named only as “John Doe” since the law and society want to keep the matter confidential to protect the minor from harm related to additional publicity.
TAKING ACTION WITH BERNSTEIN & POISSON AT YOUR SIDE
Our legal team is experienced in handling these delicate matters. At Bernstein & Poisson, we have the know-how to develop winning strategies, and the understanding of these issues to provide the type of legal counsel that can give you an edge in or out of the courtroom. We are also committed to your privacy and will advise you on how to keep matters private to avoid further emotional trauma and harm.