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Personal Injury Law: Child Molestation

Posted by Bautista Leroy | Aug 02, 2017 | 0 Comments

personal injury law child molestation

Bautista LeRoy Law Firm can offer legal support in relation to cases of child molestation. Since the 1990s, our attorneys have offered services exclusively in personal injury law to Kansas City Metropolitan Area clients. As specialists, we believe attorneys focusing on this field are best equipped to deal with train, car, motorcycle and truck accidents as well as elder abuse or nursing home neglect cases. Due to this expertise, we've gained an outstanding reputation while producing results for clients.


This article details how personal injury law applies to cases of child molestation, filing deadlines in Missouri and Kansas and how you can help victims with such traumatizing experiences.


Do People File Personal Injury Claims for Child Molestation?

If your child has been subject to sexual molestation, filing a personal injury claim against those responsible is one way of seeking justice. Although such cases typically have criminal components, victims or their guardians can file civil suits seeking financial compensation for physical, psychological and emotional harm.

Personal injury lawsuits differ from criminal proceedings by offering compensation that could include:

  • Medical and psychological treatment expenses
  • Therapy and counseling costs
  • Pain and suffering
  • Emotional distress


Do Missouri and Kansas Have Statutes of Limitations on Child Molestation?

The Statute of Limitations Law sets forth how much time victims of molestation have after an incident to file suit. This time limit may become even more complex in instances involving minors.

Missouri recently extended the statutes of limitation for claims alleging child sexual abuse. Victims have up to 30 years from the date of abuse or 5 years from when it began to file their claim. This expansion recognizes that many survivors only come forward as adults.

Kansas recently extended its statute of limitations. Victims can file claims up until the age of 28 or three years after learning of abuse. There may be exceptions, namely if an abuser remains persistent or holds an influential position of trust.


How Can You Help A Child Who Has Been Molested?

Helping children who have been victims of molestation requires patience, empathy and professional expertise. Here are a few ways you can help them:

  • Listen carefully and believe
  • Seek immediate medical care
  • Report the abuse
  • Provide a stable, safe environment
  • Consider therapy options


Why Is Hiring A Personal Injury Attorney Beneficial?

Personal injury cases can be complex. Working with an experienced attorney could prove invaluable in these instances.

  • Legal expertise
  • Advocacy
  • Maximizing compensation
  • Handling sensitive information
  • Negotiating with insurance and institutions


When Should You Hire An Attorney?

As soon as you suspect molestation, you must contact a personal injury attorney immediately to preserve evidence and meet any time limits on bringing suit. Failing to act swiftly could free perpetrators to continue with further acts without facing consequences.

Even if sexual abuse occurred years ago, consulting an attorney remains worthwhile. Many states have extended or removed time limits on filing child sexual abuse claims in recognition of survivors' struggles.


What Are The Criteria For Finding A Good Attorney?

  • Expertise: Hire an attorney specializing in personal injury litigation to represent sexual abuse involving minors.
  • Communication: Effective attorneys understand how to communicate clearly and politely throughout their processes.
  • Proven Results: An attorney's professional standing and track record can offer us insight into their credibility.


Why Choose Bautista LeRoy LLC

Bautista LeRoy Law firm is dedicated to helping child abuse victims gain justice. At our firm, we specialize in sexual abuse cases by offering both legal expertise and advocacy. Our attorneys have considerable expertise handling these complex claims across Missouri and Kansas.

At our firm, client care is top priority and each survivor feels supported during their legal journey. We have an impressive record in successfully recovering substantial compensation for victims, which enables access to therapy sessions and helps rebuild lives.


Suggested Action Steps

  • Seek immediate medical assistance to protect the well-being of your child.
  • Contact child protective services or law enforcement immediately should any suspected child abuse arise.
  • Document all information such as disclosures, medical appointments and counseling sessions.
  • Contact a personal injury attorney experienced in child abuse law.
  • Find support and counseling groups to assist with recovery.

Child molestation can be an unfortunate reality of parenting, yet legal options exist to provide those affected with recourse and justice. Understanding the personal injury claim process, from statutes of limitation and hiring an attorney, is the key to filing an effective claim. Contact us today at 816-221-0382 or send us an email on our Contact Page. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.


Summary

Oftentimes, when people think of "injury", they picture broken bones, scars, cuts, or car accidents. But sexual abuse, including child molestation, is also  an injury that causes serious psychological and emotional scars that can last a lifetime. Actually, child molestation is one of the most heartbreaking forms of personal injury. Therefore, the law recognizes them as serious harm, as they can cause the survivors to struggle with mental health issues such as depression, PTSD (post-traumatic stress disorders), anxiety, trust issues, or difficulty in forming health relationships. 

Some of the requirements victims need to provide in order to prove child molestation case in a personal injury lawsuit:

  • survivor's testimony
  • medical records
  • witness testimony
  • expert testimony
  • therapy and counseling records
  • physical evidence
  • digital evidence
  • institutional records
  • proof of damages
  • prior complaints or patterns of behavior

Child molestation cases are usually handled as civil lawsuits, separate from any criminal charges, as it is just about punishing the offender. It is about helping the victim get compensation for medical treatment, therapy, lost income (if applicable), and pain and suffering. This is often committed by individuals, but sometimes organizations or institutions can be responsible too. Some examples of these are:

  • churches
  • schools
  • orphanages
  • psychiatric facilities
  • sports league
  • youth organizations

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Bautista LeRoy LLC - Kansas City, MO
3770 Broadway Blvd.
Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

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