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

Asked 7 months ago - 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)

  1. Brian Heath Crockett

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . 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:... more
  2. Paul Hilmon Cannon

    Contributor Level 12

    4

    Lawyers agree

    Answered . 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... more
  3. Michael David Myers

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . 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.
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

  5. Jason Todd Studinski

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

  6. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . 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

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