Sexual abuse in care facilities is a severe breach of trust that impacts survivors and their families. Washington law allows victims to file civil sexual abuse lawsuits against both individual abusers and the institutions that negligently allowed the abuse to happen.
Proving Institutional Negligence
Care facilities owe a duty of care to provide a safe environment for residents. Failing to meet these safety duties leaves organizations open to civil lawsuits.
Potentially negligent institutional practices include:
- Negligent hiring, such as failing to conduct thorough background checks before hiring staff.
- Negligent supervision, such as failing to properly monitor staff interactions with vulnerable individuals.
- Ignoring or failing to investigate past warnings, complaints, or reports of staff misconduct.
- Inadequate safety training on abuse recognition and mandatory reporting rules.
- Chronic understaffing that leaves residents exposed to abuse.
Importantly, institutions can also be held vicariously liable for employee misconduct when the actions occur within the scope of employment or come directly from authority given by the facility.
Compensation in Sexual Abuse Cases
Individual abusers rarely have enough personal assets or insurance to cover full damages, while care facilities hold comprehensive commercial policies that can provide a victim with adequate compensation. Identifying responsible entities ensures survivors can pursue full financial recovery.
Survivors of sexual abuse often experience deep emotional trauma along with financial strain. Under Washington state law, victims can seek financial compensation to help cover the full impact of these damages. Examples include:
- Medical and therapy costs include past and future therapy, counseling, and any medical treatment needed as a result of the harm.
- Pain and suffering for the lasting emotional distress, severe anxiety, and mental suffering caused by the abuse.
- Lost income or earning capacity for individuals who face career setbacks, disruptions to their education, or a reduced ability to work.
- Loss of enjoyment of life due to harm to personal safety, relationships, and daily activities.
- Punitive damages against facilities that knowingly hide harm or ignore warnings; punitive damages are awarded to punish wrongdoers and deter future misconduct.
Calculating damages involves carefully evaluating how the misconduct affected a survivor’s life, covering both financial and emotional losses.
Statute of Limitations in Sexual Abuse Cases
Washington law recognizes that survivors often need time before they’re ready to pursue legal action. For recent claims involving abuse after June 2024, there is no statute of limitations. Survivors have as long as they need to file.
For abuse occurring before June 2024, under RCW 4.16.340, survivors generally have three years from the date they discover, or reasonably should have discovered, that their injury was caused by the abuse, rather than starting the clock at the time the abuse occurred. For claims involving minors, this discovery period can extend well into adulthood. These deadlines depend heavily on individual circumstances; therefore, you should have an attorney review your specific timeline so you don’t lose the ability to pursue compensation.
If you or a loved one suffered sexual abuse inside a facility, Darrell Cochran Personal Injury Lawyers can help review your case and seek accountability. Contact us today to schedule a confidential consultation with an attorney.