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Is it tough to get through with a personal injury case when it comes to Child Sexual Abuse?

Orlando, FL |

Our two daughters have been sexually abused by their grandfather. We all suffer under PTSD from what happened, and have had enormous costs for therapy, doctors, and missed work.

Do we have any chance to go forward with a personal injury claim? The whole family is united in the wish to do it, because the grandfather is still claiming his innocence. There is no solid proof of what happened, but the forensic interviews were solid, and nobody (police, therapists etc) think anybody is lying.

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Attorney answers 7

Posted

You can certainly have a local sexual abuse lawyer investigate.

Posted

I agree with Attorney Lassen, find an attorney in your area that handles these types of cases and consult with him or her. Good luck.

The contents of this answer should be considered friendly advice, not legal advice and the answer should not be construed to constitute an attorney-client relationship.

Posted

I am so sorry that you and your family have to deal with such a horrible dilemma. There is a cause is a cause of action for theses types of injuries. Consult a local attorney who deals with sexual abuse to investigate the facts and determine the best course of action. Good luck and God bless.

Posted

Yes I agree you seem to have a cause of action and as such you should contact a knowledgable attorney in your area.

Posted

First, you must decide if you want to open this issue to public scrutiny. If you file a lawsuit, then it becomes public knowledge (even if the names are redacted).

Second, does the grandfather have any assets to attach beyond a homestead residence, retirement account, or incorporated business? If not, then filing a lawsuit and getting a judgment will be no good unless he wins the FL Lottery. The courts cannot create money. They can only award judgments, and you must then collect upon those judgments.

Third, it is doubtful whether you have a claim. Your daughters certainly do, but you have to prove your own case, and here. it doesn't appear you were within the "zone of danger."

I'm sorry that you and yours had to undergo this horrible event.

I am a Florida attorney who practices in the areas of personal injury, criminal defense, and civil rights. You can call me to arrange a free consultation about your case if it is in one of those three areas. My phone number is 407-463-3506. My answers on AVVO do not establish an attorney-client relationship. Your case must be evaluated in full in light of all all its complexities. The hiring of a lawyer is an important decision that should not be based solely upon advertising. Before you decide, ask the firm to send you free written information about the lawyer’s qualifications and experience.

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Posted

Child Sexual Abuse is probably one of the most horrible things one person can do to another. One father with two daughters who were sexual abused, and one of them later killed in an accident, said that he knew that one of his daughters' today is at peace and the the one who survived will never for one day single in her life will not think about the sexual abuse she went through. It pretty much summarizes what it is for the whole family when you go through something like we are dealing with. There is not oft a single hour in the day, when there isn't a reminder about what has happened. Yes, the grandfather has a lot of money, and it would probably anyway go to his daughter (my wife), but she is as determined to go to trail as I am. There is not a lot of people who don't keep things like this a secret, and that's why it happens so much. We are sure that there are other victims out there, and we hope that we this way can show that we care, that we want justice, and that it's wrong to protect a family member from justice in a case like this. Child Sexual Abuse can only be stopped by action. I don't want us to have to feel like we didn't do our part to raise awareness.

Posted

I agree with my colleagues, consult with a local attorney to help you out.

Posted

These types of cases are always difficult for the victim and people close to the victim.

I suggest that you consult with a local personal injury attorney to assess the viability of any potential claim. Sexual molestation will not be covered by any insurance and, therefore, you would be pursuing any income or assets held by the grandfather.

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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