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If a child was sexually assaulted by a child at a YMCA daycare does the investigation need 2 b over b4 a civil suit can be filed

Tyler, TX |

What would the case be? Neglect, etc.? Without providing all details, I can tell you the child should never have had time to do what he did, since the children were all in the same room as the teacher (if the teacher was even in the room).

Attorney Answers 6

Posted

Nope. But results of the investigation may be helpful to the case and prosecutors may encourage you to wait until the criminal side is wrapped up before filing.

If you want to discuss please email me at mmyers@myers-company.com. I'll get back to you right away. Thanks.

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Posted

Typically the judge will stay the proceeding if the criminal case is pending (well that always do that to me in PA & NJ...don't know about your state), but you can still retain a sexual abuse lawyer to file nonetheless. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee.

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Posted

No. The investigation does ot need to be complete before you can file suit. However, it might be very helpful to have as many of the facts as possible before filing suit. Having more and better information on the front end can greatly enhance your odds of success in litigation. Good luck.

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Posted

Depending on the circumstances and time lapse involved, there might be a claim for negligent supervision. If you have not done so already call Child Protective Services to investigate this case as well. If you have any questions or concerns please do not hesitate to ask or leave a comment.

Top Personal Injury Lawyer - Trial Tested - Proven Results - Free Consultation: 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.

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Posted

There is no requirement that the criminal investigation be complete. However, every case is different and there may be advantages to letting the criminal investigation conclude before you file suit. You should consult a local personal injury attorney, give him/her the full case details, let him investigate and then advise you with a complete picture of the facts of your case.

All information provided here is for educational use only and does not constitute legal advice nor establish any attorney-client relationship. Paul H. Cannon is licensed to practice law in the State of Texas. Laws vary from State-to-State. For legal advice and opinions, please retain the services of a lawyer licensed to practice in the appropriate state or jurisdiction.

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Posted

You need to discuss this with a local Tyler lawyer.

You have some interesting issues that need to be discussed in the office.

Sincerely,

Erick Platten
State Wide Representation

Avvo attorney's donate their time to answer questions for free. If an answer is helpful or addresses the issue you needed information on, please indicate so by clicking on the helpful answer tab. Your help with this is appreciated too.

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