Residential treatment facilities (RTFs) should provide life-saving and hopefully life-changing support to people dealing with severe mental health or substance abuse problems, including adolescent children. However, as with any other residential facility that houses minors, RTFs must protect not only the emotional well-being of their residents by providing high-quality mental health services but also their physical well-being by ensuring they are safe from all forms of sexual abuse.
If you or your child has not received the proper protection you need and suffered sexual misconduct in one of these facilities, you likely have grounds for legal action. A skilled sexual abuse attorney can help with filing Virginia youth residential treatment center sexual abuse lawsuits. The Phillips Law Group team will provide the custom-tailored guidance you need to obtain fair compensation for the harm you experienced.
What Damages Can Be Recovered From a Negligent Youth Treatment Center?
While civil compensation cannot change the past or erase the long-term repercussions of childhood sexual abuse, it can be key to minimizing the financial and personal harms victims suffered due to “compensable damages” from the abuse. Financially, this can include reimbursement for the costs of emergency medical treatment for abuse-related injuries, psychological therapy and prescription medications, and other out-of-pocket expenses. It can also include the loss of short-term or long-term income stemming from a sexual abuse victim’s inability to work during the recovery process.
In addition to finding youth residential treatment center employees and owners legally liable for sexual abuse, a court can also assess punitive damages against them as punishment for egregious negligence or intentionally malicious acts. However, Virginia state law caps the maximum value of punitive damages awarded to any single plaintiff at $350,000, even if a civil jury imposes a greater amount of punitive damages against a defendant as part of their verdict in youth RTF sexual abuse lawsuits.
Important Evidence for Lawsuits Over Sexual Abuse
Liability in civil lawsuits must be established through a “preponderance of evidence” for a civil court to rule in favor of the plaintiff. This standard is notably less strict than the “beyond a reasonable doubt” requirement applicable to criminal cases. Therefore, it is not uncommon for someone to be civilly liable for sexual abuse in a youth residential treatment center in Virginia, even if they were not convicted of criminal wrongdoing related to the abuse.
Moreover, forensic and documentary evidence of abuse in a facility such as this can be hard to obtain, which means lawsuits often revolve significantly around testimonial evidence. Working closely with a seasoned attorney can be crucial not just to finding qualified professionals and eyewitnesses to testify on behalf of a sexual abuse victim but also to synthesizing all available evidence in a way that presents a clear case for compensation.
Contact a Virginia Attorney To Help You File a Youth Residential Treatment Center Sexual Abuse Lawsuit
The prospect of taking legal action against your abuser can be a harrowing one, especially if you suffered abuse while receiving treatment in a residential facility for mental health issues. You should know, however, that support is available to you from dedicated legal professionals who know how to handle these cases proactively while protecting your best interests.
A conversation with a lawyer from Phillips Law Group can provide answers to pressing questions about how the litigation process works in Virginia youth residential treatment center sexual abuse lawsuits. Call today for a free, no-obligation consultation.
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