Legal Question in Civil Litigation in Massachusetts
Son was abused, man plead down, can I sue civil
My son was sexually touched by his day care provider. It was a husband and wife ran day care center. A year later the man went to court for it. My son now 5 talked to the judge and the the jude saw him fit to be a witness. However, that was enough to scare the man and he plead down to assult and battery. He didn't go to jail, but was ordered to stay away from children and can not operate day care.It was his first offense. My son is still in counceling and this abuse truly changed him. Is there anything we can do civil?
3 Answers from Attorneys
Re: Son was abused, man plead down, can I sue civil
You may wish to promptly seek legal advice regarding your legal rights against all parties. Be aware of the statute of limitations,But don't delay.
Re: Son was abused, man plead down, can I sue civil
Yes, you can sue the day care center, as well as any and all persons who individually were involved with any sexual assaults that took place upon your son. You could sue for assault, battery, negligence, negligent supervision, intentional/negligent infliction of emotional distress, etc. Call me if you would like to talk this out.
Chris
Re: Son was abused, man plead down, can I sue civil
You certainly may have civil claims against both the abuser individually and against the day care company.
Some important questions will be: (i) the extent to which your son's injuries can be established, (ii) the likelihood of being able to recover anything from the individual or day care company, and (iii) the effects or further trauma which a potential trial might cause your son.
Please feel free to contact my firm if you would like to discuss your options further. I am located in Quincy.
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