Legal Question in Personal Injury in Washington

Re: little girl molested by grandfather can she sue

Yes, the child�s parents or legal guardians can file a civil suit right now on the basis of sexual battery, or the child upon turning age 18, can file her own suit against the grandfather.

However, with the criminal case brewing up, it may be advisable to wait until the criminal case is resolved before starting a lawsuit. If the grandfather is convicted of the charges (probably statutory rape or child molestation), the conviction(s) would make the civil action much easier to prove. Once convicted, the grandfather cannot re-litigate his convictions in the civil action. Also, much of the litigation prep work � such as mental health and physical evaluations on the victim will be done at state expense and your attorney can use them in the subsequent civil suit.

The prosecuting attorney does have a civic interest in prosecuting the grandfather, but the prosecutor does not directly represent the legal interests of the family or the child. Therefore, if the family is serious about pursuing a civil action, they need to consult right now with an attorney who focuses on plaintiff�s tort recovery cases. As the child and the family go through the criminal justice system as victims, the attorney can ensure that the victims� rights are fully enforced and that nothing is said or done to negatively impact on the family�s civil lawsuit. Also, under Washington law, the child and possibly the family, may qualify for compensation from the state to cover counseling and medical bills arising out of this crime. This is payable by the state�s crime victims compensation fund. A private attorney can assist with filing the necessary paperwork for this as well.

Cases like this one are always extremely tragic. With the criminal trial looming, things may get a lot worse for this family before they get better. As a friend of this family, you need to be highly supportive and offer whatever help you can as they go through the criminal justice system.

Re: little girl molested by grandfather can she sue

I can help you with this and it's contingency fee work. No recovery No fee.

Rob Kornfeld

[email protected]

1 800 282 4878