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50 Years Combined Experience
Lawyers for Child Victims Of Sexual Abuse
Bernstein and Poisson have 50 years combined experience and are personally involved from the first call to your case resolution.
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Sexual abuse of children arises in many situations involving teachers; priests; coaches; scout leaders; baby sitters; relatives; neighbors, camp counselors, and in other supervisory situations where adults have an opportunity to be alone with a child. Sexual abuse of a child (in addition to criminal penalties) allows the family to make a claim for money damages. Many of these cases of abuse will hold the organization employing the adult responsible for paying money damages. In other settings, a claim can be made against the homeowner insurance company for the adult which insurance will cover family members who reside in the home for negligence. Homeowners insurance is the basic insurance covering people who own a home for carelessness, and is required to be carried by your mortgage holder.
An adult who is intent on sexually abusing children to put himself in a position where he is often in close contact with children. It is important to retain an experienced personal injury attorney with experience in handling sexual abuse cases involving children. We have worked on many cases involving sexual abuse of children. We see many times a relation of trust between the adult and the child. The adult will often create a situation where he has the opportunity to be alone with the child. The teacher, coach, priest or other adult who sexually abuses a child will figure out a way to be alone with the child. An example is where a teacher might ask a child to stay in school after hours, or to meet for special help. The sexual abuse of a child in personal injury cases is legally complicated and requires an experienced personal injury attorney such as myself, Jack G. Bernstein and the experienced personal injury lawyers on my staff brainstorm on legal strategy to obtain justice for the physical and emotional suffering caused.
Attorneys with experience in recovering money damages for sexual abuse cases will consider hiring a psychologist with experience in child sexual abuse cases to evaluate the child and allow presentation of the full extent of the injury through written reports and or expert testimony.
The employer of an adult who sexually abuses a minor child is usually responsible for paying the money damages incurred by the child while the employee acted within the course and scope of his employment responsibilities. A school district is generally responsible for paying money damages when a teacher sexually abuses a minor child. The YMCA may be responsible for paying money damages where a coach or other leader sexually abuses a minor child. The archdiocese may be responsible for paying money damages where a religious leader sexually abuses a minor child. A hospital may be responsible for paying money damages where a physician or other employee sexually abuses a minor child. These are a few examples to help you understand the idea of employer liability for the acts of its employees. The employee does not have to be a paid employee. He may be a volunteer.
It is very important to hire an experienced personal injury attorney who familiar with Nevada law surrounding sexual abuse of a minor child. It is important to understand that under Nevada Common Law, anyone who is unreasonably careless in allowing a situation to arise which results in the sexual abuse of a minor child is legally responsible for the injury and damages caused. Here are a few examples. There is no exact set of facts that applies in every situation. We have worked on a case where an adult male neighbor baby sat a young child. The adult male’s wife was aware that her husband had previously abused children and did nothing to stop the babysitting. The husband ultimately sexually abused the child. The homeowner’s insurance company paid the maximum policy limit, after we brought a case against the wife for her negligence which allowed the sexual molestation to occur.
In another instance, a relative who was aware that his minor son was involved in sexual abuse, allowed his relatives children to sleep in the same room, unsupervised and with the door closed. Sexual abuse of the child occurred and we brought a claim against the parents of the minor who sexually abused our minor child client.
We worked on a case where a minor child who was mentally handicapped lived in a group home and was sexually abused by another child. We successfully won a case against the home for failing to supervise the children, which allowed the child sexual abuse to occur. The child sexual abuse occurred during the nighttime hours when the sexually deviant minor left his room and entered the room of our minor client. No supervision over the minors during the nighttime hours took place. We settled the case for a confidential amount. The law is complex surrounding sexual abuse of minors, and it is important to hire an experienced lawyer such as Jack G. Bernstein and the lawyers at Bernstein & Poisson to fight for your child’s rights.
After successfully settling numerous cases where we represented sexually abused minor clients, we understand the difficult circumstances and the important need to keep the sexual abuse confidential. There is a need for a fast and successful settlement. In the event a lawsuit must be filed, neither the parents nor the sexually abused minor’s name is used in the legal complaint. The child and parents are named only as “John Doe” since the law and society want to keep the matter confidential to protect the minor from harm related to additional publicity over the abuse that occurred. Sexual abuse by a doctor or other medical field worker (this includes where a doctor has sex with a patient who consented), generally has a short statute of limitations, which significantly increases the importance of hiring an experienced attorney. There is one year to file a case in court against a doctor under the Malpractice Statute for the doctor’s sexual abuse of the patient. The time limits can vary and this is very complex area of the law. It is important to consult with an experienced personal injury attorney without delay when you become aware that sexual abuse of a minor child has occurred.
Both the injured child and family need confidentially and the organization that is responsible for the sexual abuse by their employee will want confidentiality and a quick settlement. The organization is vicariously liable meaning they are required to pay for the abuse.
It takes an experienced attorney using his judgment and experience to decide the best strategy to win your case. It is in your best interest not to do a thing, before allowing an experienced professional to work on your claim. Sometimes victims of abuse file complaints with the licensing board; send letters to the wife of the person who did the abuse, telling her about the sexual abuse of the minor child; and sometimes they try to negotiate their own case. If you tell the public about the sexual relations, it becomes more difficult to reach a settlement with the organization and insurance company. Some of the best leverage to settle a sexual abuse of a minor case is the confidentiality the hospital, insurance company or organization gets by paying a fair settlement prior to a lawsuit or before any adverse publicity arises. Once the friends, family and public find, it becomes harder for the responsible insurance company or people involved to justify settling the case without a legal court battle.
Jack G. Bernstein, Esq. and Scott L. Poisson, Esq. and the experienced personal injury attorneys and staff at Bernstein & Poisson will be glad to discuss the sexual abuse case with you. You can call Jack Bernstein or his partner Scott Poisson now and speak to them personally at (888) 429-4529 or (702) 633-3333 and go over the case at no charge. You can email them now and they will respond if on line immediately or in a short time at: email@example.com or firstname.lastname@example.org
We are sorry that you are in need of our help, but we are ready to give our best efforts for you and your family to fight for justice and to send a message to people and responsible parties who take sexual advantage of children, that we will fight against such injustice to stop it from happening to other minor children and to require those responsible to pay the maximum amount of money damages for the harm they caused.
50 years combined experience
Protecting Your Rights
Bernstein and Poisson are personally involved from the first call to your case resolution. Please call us before you speak to an insurance company.
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