Child abuse victims in California may file civil lawsuits against their alleged abusers. They also maintain the right to take legal action against schools and other institutions through child abuse lawyers.
If you were a victim of physical or sexual misconduct as a child and believe a school or another institution didn’t do enough to protect you, consider filing a lawsuit. Civil litigation could help you collect compensation for the physical and emotional trauma you endured.
Before you begin working through the legal process, understand when you should sue in these cases and how you can create the strongest legal arguments possible.
When To Sue a School or Institution
Just because you were physically or sexually abused at a school or another institution doesn’t automatically mean you can instruct legal representation to file a lawsuit against it and win. To launch a successful lawsuit, your case must prove one or more of the following things:
- This institution either knew about or should have known about your abuse and didn’t stop it.
- It failed to take the necessary precautions to prevent your abuse from happening.
- It neglected to follow California’s mandated reporting laws after discovering evidence of your abuse.
You might also earn a legal victory if you prove an institution took steps to cover up an employee’s alleged crimes. You may seek to recover treble damages, which are damages that will award you three times your actual damages. These damages compensate victims while punishing defendants for deliberately committing egregious acts.
How To Sue a School or Institution
Filing a lawsuit against a school or another institution where your alleged child abuse occurred comes with challenges. First and foremost, you must ensure the statute of limitations for doing so hasn’t passed.
California Assembly Bill 452 (AB-452) recently removed the statute of limitations for any child sexual abuse cases filed after January 1, 2024. However, those filing cases related to alleged incidents that occurred before that date must do it either before reaching their 40th birthday or within five years of discovering a psychological injury or illness stemming from abuse after their 40th birthday.
You must also hire a dedicated child abuse lawyer to help you take the next steps. If, for example, you wish to file a lawsuit against a school district for not thoroughly screening an employee who was physically or sexually abusive when you were a child, you will need to:
- Let a school district know about your claim in writing.
- Allow it to accept or reject this claim.
- File a civil lawsuit if it rejects the claim.
Who To Trust To Help Sue a School or Institution
The child abuse lawyer you hire to help file a lawsuit against a school or another institution will do more than determine your case’s viability and assist you in filing the proper paperwork. They will also play a central role in gathering evidence and highlighting how it didn’t provide a safe enough environment for you.
For this reason, you must bring the right attorney on board to assess your case and take legal action. They should have:
- A history of handling these types of cases
- An in-depth understanding of the civil and criminal defense complexities in child abuse cases
- A proven track record of helping abuse victims
- A compassionate and empathetic demeanor
Hiring the right lawyer may simplify an otherwise complicated case.
Discuss Your Interest in Filing a Lawsuit With an Experienced Child Abuse Lawyer
Filing a lawsuit against a school or institution where child abuse occurred is possible, but you might face obstacles while doing it. Overcome them by working with a knowledgeable child abuse lawyer from The Cifarelli Law Firm. Contact us at (949) 502-8600 to schedule a consultation.
