California Law Protects Victims of Foster Home Abuse
While abuse of a child is always a crime in any context, the end result in a criminal case is either a guilty or not guilty verdict. Knowing an offender will receive punishment for a conviction provides some closure, but this outcome does nothing to compensate the victim of foster care abuse. Instead, someone who suffers from foster home abuse can file a personal injury claim to recover monetary damages.
You should note some special considerations about foster home abuse cases in California:
- Victims of sexual misconduct may still qualify to seek justice even if the abuse took place years ago, as the statute of limitations is extended in some cases.
- You may have a claim against parties other than the abuser, including a school, daycare, or government entity with a duty of care.
- The burden of proof is lower in a civil case for foster home abuse, so you do not need to establish guilt beyond a reasonable doubt as the state does in a criminal case.
Seeking Compensation for Misconduct in Foster Care
The legal process for recovering monetary damages varies depending on whether you are pursuing an individual, private entity, or government agency. It may be possible to settle your claim by agreement, but you may need to take your case to court to obtain fair compensation. Our Walnut Creek foster home abuse attorneys at Venardi Zurada LLP are adept in settlement negotiations, but we will proceed to litigation as necessary to protect your rights. We strive to ensure you receive reasonable amounts for pain, suffering, emotional distress, and many other losses.
Trust a Walnut Creek Foster Home Abuse Lawyer for Assistance
As you can see from this overview about the laws and legal process, California foster home abuse claims can be quite complicated. Our team at Venardi Zurada LLP is dedicated to protecting the rights of survivors, so please call 833-893-6763 or reach us online to set up a free consultation with one of our attorneys. We can advise you on additional details after reviewing your unique circumstances.
