Physical Abuse of Children & Related Lawsuits
Children suffer from physical abuse by a parent, caregiver, or other adult all too often. Physical abuse occurs when someone causes a physical injury to a child by taking an intentional action, even if they did not specifically intend to injure the child. Injuries resulting from physical abuse may range from minor cuts and bruises to broken bones, brain trauma, internal organ injuries, and other potentially life-threatening harm. Even if the physical injuries are relatively minor, a child may suffer from the trauma caused by the incident for a long time.
Recognizing Physical Abuse of a Child
Sometimes the signs of physical abuse are obvious, such as when injuries are visible and widespread throughout the child’s body. An injury that lacks a clear explanation also may suggest abuse. If injuries tend to appear while or shortly after a child spends time with a certain person, this may indicate that the adult is engaging in abuse. People also should be alert to emotional cues that a child may be suffering from abuse, such as fear of certain adults, sleep disorders, anxiety, depression, withdrawal, severe mood swings, or poor self-image. Whenever a child reports abusive behavior, their account should be taken very seriously, even if the child is young or immature or does not seem particularly credible for other reasons.
The behavior of an adult also may provide clues that they are abusing a child. An adult who acts aggressively around a child and who has a history of violence or child abuse should trigger suspicion. A perpetrator of abuse may try to pre-empt or deflect accusations by suggesting that the child is a habitual liar or troublemaker. They may not want to take the child to receive medical treatment, and they may limit their engagement with others. Any evasive behavior or implausible excuses about the way in which an injury occurred warrant a closer look.
Lawsuits Based on Physical Abuse of a Child
Sadly, parents or other family members may perpetrate physical abuse. It also may occur, however, when a child is at a child care or daycare program or another activity outside the home or the presence of their parents. Child abuse is a crime, and the perpetrator may face prosecution. In addition, parents of a child who has been abused by someone else may be able to file a lawsuit against the perpetrator and potentially other parties.
Damages available in these cases may cover the medical costs associated with treating the effects of the abuse, which may be substantial if the abuse was severe. Parents also may recover damages on behalf of their child for the non-economic, intangible harm caused by the abuse. For example, this includes the pain and suffering and emotional distress that the child experienced. Any reasonably likely future damages may be recovered as well.
Many perpetrators of child abuse lack the financial resources to provide full compensation for the consequences of their misconduct. To get access to a greater amount of compensation, parents may be able to hold the employer of the perpetrator liable under a theory such as negligent hiring, supervision, or retention. Suing a business based on negligence in its employment practices may be challenging, so parents should consult an attorney who is experienced in these cases. They can investigate what happened and bring all of the appropriate parties into the lawsuit. Personal injury lawyers usually handle cases on a contingency fee basis, which means that they get paid only as a percentage of any compensation that they recover for a client.
