Civil Lawsuits for Foster Care Sexual Abuse in Washington: What Can Survivors Expect?

Sexual abuse is every parent’s worst nightmare. Unfortunately, it happens. And when it does, it can cause lasting harm to the victim. No child should ever be abused by foster parents, caregivers, or anyone charged with their care, particularly after the state removes them from their home due to abuse or neglect.

Though some progress hopefully may have been made in recent years due to more awareness, foster care sexual abuse still occurs in Washington. In many cases, the abuse can be prevented if agencies take warning signs seriously, conduct appropriate background checks, and listen to reports of abusive behavior.

Survivors and their families have the right to file civil lawsuits to seek accountability from negligent parties and recover financial compensation. Although monetary recovery cannot undo the damage caused by childhood sexual abuse, it can help families afford treatment and force guilty parties to answer for putting children at risk.

If you’re considering filing a lawsuit after foster care sexual abuse, you likely have questions about what to expect from the legal process. Here are some of the most common questions survivors have about their rights under Washington law.

What Is a Civil Lawsuit for Foster Care Sexual Abuse?

Unlike criminal charges, a civil lawsuit allows survivors to seek monetary compensation for the abuse they have suffered.

The goal of a criminal prosecution is to punish offenders by sending them to prison or imposing other penalties. A civil lawsuit focuses on recovering funds to cover the costs associated with the abuse and compensate for suffering.

You do not need to wait for prosecutors to file criminal charges before contacting an attorney about your potential civil claim. In some situations, prosecutors may decline to press charges if they do not believe they can prove a defendant’s guilt beyond a reasonable doubt. However, this does not mean you cannot still pursue civil justice.

If a survivor successfully proves their case in civil court, they may recover compensation for:

• Medical expenses 
• Counseling 
• Pain and suffering 
• Lost opportunities 

You should also note that although the person who committed the sexual abuse may be named in a civil lawsuit, other parties may be responsible depending on the circumstances of the abuse. More than one party may be responsible if multiple people or organizations failed in their duty to protect the child.

The First Step Is Evaluating Your Case 

Before filing a lawsuit, your foster care sexual abuse attorney will conduct a thorough review of the facts of your case. An investigation will typically include gathering the child’s placement history, agency files, medical records, counseling records, police reports, and any previous complaints about the foster home or caregiver.

Some survivors come to us thinking there is no case because the abuse happened years ago or because they never told anyone about the abuse while in foster care. But during our investigation, we often discover there were adults who expressed concerns about a caregiver or situation long before the abuse was exposed.

For example, we may obtain agency records that show the organization ignored prior warning signs, failed to act on hotline reports, violated their licensing agreement, or otherwise failed to follow mandated safety protocols. This documentation can help establish liability later on.

Will the Survivor Have to Testify? 

One question we frequently hear from survivors is whether they will be required to testify.

The answer depends on how the case unfolds. Some civil lawsuits settle before trial, which means you would not have to testify in front of a jury. However, if the case goes to trial, then testimony will likely be necessary.

An experienced attorney will work closely with you to ensure you are fully prepared should you need to testify. They will also do everything they can to minimize the stress associated with testifying.

Remember, trauma-informed lawyers understand that sexual abuse can make it difficult for survivors to:

• Provide all the details in chronological order 
• Talk about the abuse 
• Explain why they didn’t disclose it sooner 

Thankfully, the legal system recognizes these challenges and treats foster care sexual abuse cases differently than other civil lawsuits.

Why Do Some Survivors Wait Years to File a Lawsuit?

With foster care sexual abuse cases, it is common for survivors to wait years before filing a lawsuit.

Childhood sexual abuse victims are often afraid to speak up. They may be afraid of their abuser, ashamed of what happened, worried that no one will believe them, or concerned about the consequences of speaking out. Foster children may have additional fears about being placed somewhere else or losing siblings.

It can take years before some survivors understand what happened to them. Even if they do realize it at a young age, they may not know their legal options.

In many cases, Washington law allows survivors to file a claim years after the abuse occurred. However, it is still best to contact an attorney as soon as you know you want to file a lawsuit.

How Long Will a Lawsuit Take?

Just like every survivor’s story is different, no two lawsuits will proceed exactly the same way.

Some cases may be resolved through a settlement in a matter of months. Other lawsuits require years of litigation before reaching a conclusion.

How long your case will take depends on several factors, including how many defendants we name, how much evidence we need to gather, whether a government agency is involved, and whether all parties are willing to negotiate.

As difficult as it can be, survivors should avoid rushing the legal process. By allowing enough time to build your case, you will have the best opportunity for recovery.

Is it Possible to Avoid Going to Trial?

Yes! Many foster care sexual abuse lawsuits are settled without ever stepping foot in a courtroom.

Survivors can receive compensation for their injuries through settlement negotiations. It allows you to recover compensation without the uncertainties of trial and avoid having to testify in court.

Unfortunately, some defendants will do everything they can to avoid taking responsibility. If we cannot reach a fair settlement through negotiations, we will file a lawsuit and begin preparing for trial.

A knowledgeable foster care sexual abuse lawyer will know whether it is in your best interests to accept a settlement offer or continue with the lawsuit.

Should I Hire an Attorney? 

Yes.  Sexual abuse laws in foster care can be extremely complicated. Depending on the circumstances of your abuse, you may be suing a government agency, a private contractor, or both.

Not only will we need to obtain confidential child welfare records and understand the foster care system, but we will also have to deal with complex legal issues.

Handling a foster care sexual abuse case requires an attorney who knows what to look for and where to file certain requests. An experienced Washington foster care abuse lawyer will leave no stone unturned during your case and will fight tirelessly to protect your rights.

Most importantly, we will walk you through every stage of the legal process and treat you with the compassion you deserve.

Get the Help You Need Today

To learn more about your rights as a survivor, contact an experienced Washington foster care sexual abuse attorney today. During your free consultation, we can discuss your case and let you know what we believe we can recover based on the information you provide. Although we cannot change what happened to you in the past, we can help you seek justice and recover the compensation you need to move forward.