Akron Child Abuse Attorney

Many parents worry that having to testify in court will further traumatize a child who has already undergone substantial trauma at the hands of an abuser. However, most child injury and child abuse claims settle out of court. Furthermore, we will work with you to ensure that your child does not face additional trauma in dealing with an abuser. In many cases, the child will not need to go to court at all in order to receive compensation.

Criminal cases related to child abuse and personal injury claims related to child abuse are entirely separate. While a criminal conviction for child abuse can help strengthen your evidence and make it easier to prove that you have the right to compensation, even if you do not have adequate evidence for a criminal conviction – which usually implies malice on the part of the abuser – you may still have the right to a child injury claim, which focuses on the negligence of the other party and how it led to your child’s injuries. On the other hand, if you do have a criminal conviction or record of the abuse, you may want to use it as evidence in your claim.

You may know that your child’s abuser bears liability for the injuries your child suffered. However, in a personal injury claim, you may have the right to pursue compensation against any party that contributed to your child’s abuse. Potential liable parties may include the organization hired to care for your child at the time of the abuse. Organizations that provide childcare, including sports and recreation organizations, daycare, and after school care programs, all bear liability for carefully screening their employees and putting protections in place that could prevent potential abuse. Furthermore, many people that work in childcare organizations, including educators, are mandated reporters, so if they see abuse occurring and fail to report it, they may bear liability.

At The Henry Law Firm, we can help break down the costs your family has faced due to the abuse your child suffered and give you a better idea of how much compensation your family should expect. The compensation you can recover may depend on several factors, including the insurance company that covers the liable party, the extent of your child’s injuries, and the financial losses your family has faced because of that abuse. Many child injury claims, including child abuse claims, may also include compensation for your child’s pain and suffering.

Keep in mind that in child injury claims, the funds awarded usually belong to the child, as the injured party, rather than to the parent. Sometimes, the court may order that the funds be placed in a specific account and held in trust for the child until they reach adulthood. In other cases, the court may allow you to use some of those funds to pay for your child’s care, especially in cases where your child might need specific accommodations or assistance while recovering from those injuries.