Child molestation has been, is now, and will be a major social problem in Texas. While no single cause for this problem will be found and no single remedy will be found, forcing an abuser to accept the consequences by holding them responsible for their victim’s suffering may save others from having to endure the same trauma at the hands of the molester. A Dallas child molestation victims’ attorney is ready to fight for justice for your loved one.
Why a Victim of Child Molestation Should File a Civil Lawsuit
Although child molestation is a crime, a criminal court cannot help a child molestation victim recover from the psychological and social consequences that can develop years after the actual incident.
A civil lawsuit filed against the person responsible for child molestation allows the victim to hold the molester financially responsible for his, or her, actions by asking the court to order the molester to pay damages to the victim. These damages will then help the victim pay for the therapy and psychological rehabilitation that will be necessary to fully recover from everything the victim was forced to endure. Most importantly, a Dallas personal injury lawsuit will allow the victim to have the knowledge that the child molester has been brought to justice.
Damages That May Be Awarded To a Child Molestation Victim
The purpose of a civil lawsuit in a child molestation case is to hold the molester, and any others that may have aided the molester in any way, financially liable for the damage inflicted on their victims.
Damages that can be awarded to a child molestation victim include:
the cost of current and future medical and psychological therapy
compensation for the victim’s physical and emotional pain and suffering
the emotional pain and suffering of the parents and caregivers
exemplary (“punitive”) damages
Who Can File a Child Molestation Victim Lawsuit
The Texas Civil Code defines a child to be anyone under the age of 18. Texas law also prohibits those under the age of 18 from filing lawsuits, even if they were the person who was injured.
In light of these statutes, a lawsuit alleging child molestation can be filed by:
if the child is under 18, a lawsuit can be filed by the parents, adoptive parents, or a legal guardian
if the child is over 18, the mature victim can file
Texas Statutes of Limitations and Child Molestation Victim Civil Lawsuits
Under Texas civil law, a lawsuit alleging child molestation or sexual exploitation usually must be filed within five years of the date of the incident of molestation/exploitation. There is, however, a special provision within the statutes of limitations that applies specifically to child molestation/exploitation cases.
If a civil lawsuit involving child molestation/sexual exploitation was not filed on the behalf of the child within five years of the alleged event, the child may file a lawsuit within the five years following his or her 18th birthday.
As an aside, Texas does not accept “recovered memories” as evidence and the statute of limitation does not “reset” to the date these memories became known.
Like other aspects of Texas civil law, the procedures for filing child molestation lawsuits are subject to change by the legislature at any time. It is strongly advised that anyone considering filing a child molestation victim lawsuit contact an attorney for the most up to date information on this subject.
Contacting a Dallas Child Molestation Victim Lawyer
A child molestation lawsuit is always a stressful time. More often than not, the process of preparing the case for trial forces the victim and parents to return to a very unpleasant period of their lives and many will decide that the psychological pain is more than they can bear and will withdraw the case.
The Dallas child molestation victim lawyer at the Doan Law Firm understands consultation regarding a child molestation lawsuit should always be conducted with the utmost discretion, professionalism, and protecting the best interests of the victim at all times.
If you considering a child molestation lawsuit, you should contact the child molestation victim lawyer at the Doan Law Group by calling (214) 307-0000. At the Doan Law Firm, your initial consultation with our child molestation victim attorney is always confidential, always free, and does not obligate you to our firm in any way.
Should you decide to retain our firm, we will never ask you for any “upfront” charges or fees. We will absorb all the fees and expenses necessary for the success of your case in exchange for a previously agreed-upon percentage of your final settlement.