What to Expect Pursuing a Daycare Sexual Abuse Lawsuit in El Paso

Did you know that 98% of children who have experienced sexual abuse were abused by an adult they already knew? Though we tend to think of child abusers as outsiders to the community, the reality is that there are those who exploit their everyday exposure to minors to commit heinous crimes. In El Paso Tx, thousands of children have experienced daycare sexual abuse at the hands of childcare workers or daycare staff.

“Daycare sexual abuse” is a blanket term that may apply to a wide range of inappropriate behaviors in a variety of childcare facilities (including daycares, sporting clubs, after-school activities, churches, etc.) In these situations, parents may be unaware what to expect pursuing a daycare sexual abuse lawsuit in El Paso.

The following guide can help to prepare parents regarding the filing process, but as always, it is important to consult with a qualified sexual abuse attorney before taking legal steps.

• There are many forms of care a parent or guardian can offer their child who has suffered daycare sexual abuse. Providing sufficient medical care and emotional support in conjunction with a child therapist can help children cope in the immediate aftermath of their abuse. As a representative of a minor who has suffered traumatic abuse, parents can also seek legal restitution in the form of a daycare sexual abuse lawsuit.
• Sexual abuse can result in severe depression, anxiety, or suicidal behaviors. Children who have suffered sexual trauma often exhibit abrupt changes in personality or behaviors. According to Texas law, you may be eligible to claim these emotional and psychological damages in your child injury lawsuit.
• Depending on how much proof you have regarding your child’s abuse, your El Paso sexual abuse lawyer may present you the option of filing a criminal or civil lawsuit. If your child injury lawyer believes that the evidence is not sufficient enough to result in conviction, they may suggest that you file civil charges to seek a financial settlement for your family’s physical, emotional, and financial losses.
• In the state of Texas, child molestation and indecency is a first-degree felony. If you file criminal charges against your child’s abuser, they may face incarceration or other similar penalties. However, in a criminal case, the conviction is left up to a jury; if the jury fails to find the defendant guilty, they will face no legal or financial consequences.
• Parents may not realize that they may be eligible to sue the daycare facility itself for their child’s abuse. For example, if a daycare facility has failed to conduct proper background checks on employees and hire previously convicted sex offenders, they can and should be held responsible for any resulting abuse to the fullest extent of the law.
• There is no statute of limitations in the state of Texas for cases involving child abuse. Therefore, even if years have passed since your child’s daycare sexual abuse, they can still seek justice for their pain and trauma.
• If you are hesitant to contact an attorney for fear of exorbitant legal fees, you should know that the child injury attorneys at Carabin Shaw offer contingent fee structures. Under a contingent-fee contract, your attorney’s compensation is contingent upon the final settlement amount. If we are unable to win your settlement, you won’t pay any legal fees.

For nearly thirty years, Carabin Shaw has been proud to represent victims of sexual trauma and their families. We are dedicated to protecting the best interests of daycare abuse victims and winning you the justice you deserve.

To schedule your no-cost, no-obligation initial consultation, call our office toll-free at 800-862-1260. One of our English and Spanish-speaking staff members are available 24/7 to help you schedule your case review with a Carabin Shaw child injury attorney in El Paso today.