Few, if any, personal injury cases involve such an emotional affliction to the victim than a sexual abuse claim. Sexual abuse lawsuits pose some of the most numerous obstacles and legal pitfalls than most cases. The Law Offices of Patrick R. Kelly is up for the challenge and honor to represent victims of sexual abuse. Patrick R. Kelly is a dedicated attorney in Dallas, Texas and offices throughout the DFW area who represents those seeking compensation for the sexual abuse they suffered.We Care
Our law office understands how sensitive sexual molestation claims are for all those involved. We approach each case with care and confidentiality. Asking a client or witnesses to recount an extremely dark time of their life is hard but necessary to ensure that victims are compensated and those who abused or allowed the abuse to occur are punished to prevent future acts of sexual abuse. Our office can work with clinical experts to obtain the care victims need. We understand that such cases are more than just a claim, but can be part of the victim’s recovery process.Who is Liable
We are trained as attorneys to seek the truth and obtain compensation from all liable parties. When it comes to sexual molestation, various parties can be held liable for wrongful acts or omissions under Texas law. Obviously, the person or persons who sexually assaulted or abused the victim is a target in most claims. But many institutions such as schools, day cares, corporations, summer camps, and others are often guilty of the sexual crimes perpetrated as well. These entities can turn a blind-eye to such abuse or in some circumstances create an environment to foster or encourage such terrible acts. A talented attorney can pursue claims against such entities based on negligence. For example, the entity may be liable for sexual abuse when they were in a position to protect or prevent such sexual acts against children. The defendant may also be liable if it hired or permitted a sexual predator to work with or be around potential abuse victims. Unlike most sexual offenders, these entities either have large assets or insurance policies that can compensate abused people and children.
Federal, state, and local laws exist that require individuals to report known or suspected child and sexual abuse. The Texas Family code for instance mandates that professionals like teachers, doctors, nurses, and child care employees must verbally report abuse within 48 hours of becoming aware of such acts.Challenges of a Sexual Abuse Lawsuit
Procedural and legal pitfalls abound in sexual abuse claims. While perpetrators and those who allowed their acts to continue or covered up such abuse need to face justice, sexual molestation claims may suffer an early fate if proper legal counsel is not sought. Statute of limitations – the time period in which a claimant must file a lawsuit – often presents unique challenges and may outright bar a lawsuit. Most sexual abuse victims are unable or unaware of their right’s to bring a claim for sexual abuse until after many years when they are adults. Other facts may prevent legal liability as to certain individuals and institutions. Proving what an entity knew, should have known, covered-up, or kept secret all requires evidence that is often hard to obtain.
These unique challenges should not deter someone seeking legal counsel to bring claims for such awful acts. Our attorneys can aggressively handle your sexual abuse claim. Call our office now for a free and confidential consultation.