The Damages Victims of Foster Care Sex Abuse Lawsuit Can Recover
Sexual abuse in foster care is a sad reality for many people in the system. In 2021 alone, 203,770 children under 18 entered foster care in the US, and around 391,641 kids were living in foster care. With such large numbers, the risk of abuse increases.
When the institutions that are meant to provide a safety net fail, the emotional, psychological, and physical scars left with the kids last a lifetime, to say the least. Fortunately, victims can pursue legal options with the help of sex abuse attorneys at File Abuse Lawsuit. This includes the right to recover compensation for everything they went through. The following are some types of damages survivors of foster care sex abuse may be entitled to in a lawsuit.
How Do Foster Care Sex Abuse Lawsuits Work?
Victims of sexual abuse in foster care may bring legal action against multiple parties. This includes:
- Individual abusers
- Foster parents
- Child welfare agencies
- The state (depending on the facts of the case)
Through these lawsuits, victims can get justice for being hurt by negligence, misconduct, or a complete failure and oversight by the foster care system. In many jurisdictions and states, the statute of limitations for child sex abuse cases has been extended or paused. This means survivors have more time and years to come forward for the abuse they endured.
Types of Damages That Can Be Recovered
Legal claims in foster care sex abuse cases can be compensated in three different categories: economic, non-economic, and punitive damages.
Economic Damages
Economic damages generally compensate victims for costs that can be calculated. These are:
- Medical expenses like long-term therapy to get over the abuse, medication, and any hospitalization as a result of the incident.
Disruption in education, that is, if the abuse interfered with their schooling or the victim had to attend special education programs and alternative schools. All these costs can be recovered.
Non-Economic Damages
These damages cannot be quantified but cause victims extreme personal pain and suffering. Survivors often face emotional distress and trauma, which can lead to anxiety, depression, PTSD, and other emotional issues.
Abuse in foster care can also impact a person’s ability to form healthy relationships or fully trust other people. This affects quality survivors’ quality of life and leads to loss of enjoyment of life.
Additionally, the stigma associated with abuse when it becomes public can lead to feelings of shame and social withdrawal. Since foster kids are already trying to adjust to their new life, sexual abuse can lead to feelings of humiliation and that their reputation is totally ruined.
Punitive Damages
In some cases, the court may also award punitive damages. Unlike economic and non-economic damages, these punish the perpetrator or enabler for negligence. In foster care sexual abuse cases, punitive damages apply when the abuse was part of a larger pattern or systemic failure or the institution tried to cover it up.
The Role of Legal Representation
Navigating the legal system alone can be overwhelming for survivors. By working with a skilled lawyer, survivors can build a strong case to fight for the maximum compensation while still protecting their privacy. Many of these cases are resolved through settlements, though in some instances, the cases may go to trial when a neutral ground cannot be reached.
An attorney can also assist with identifying all the parties that can be held liable, whether it is the foster family, a government agency, or another entity responsible for the child’s welfare.
Conclusion
Survivors of sexual abuse in foster care deserve justice, healing, and meaningful compensation. Even though no amount of money can undo the trauma, holding responsible parties accountable is a step toward closure and recovery.