This is the next article in our series on the handling of civil litigation that involves sexual abuse or assault in the state of Texas. Our last article discussed collecting civil damages for past sex abuse. Such matters can involve both compensatory and punitive (also known as “exemplary”) damages. It is important to identify all the possible parties to the litigation so that a) one can receive the greatest possible damages award and b) the likelihood of collecting the award increases. An experienced attorney will work to ensure that all parties are properly named. This article will continue the discussion by looking at possible factors you may wish to consider when selecting counsel. If you or a loved one has been the victim of such an incident, then contact our office today to speak with a Fort Worth personal injury lawyer.
There are two key factors to consider when deciding whether to proceed with a case against a sexual abuser. The first is the ability to establish that the act occurred, and the second is the ability to collect a damages award. In many instances, the establishment of liability is simplified through a criminal conviction, a complaint to child services, or other legal proceedings which show that the act occurred. Obtaining a judgment, however, is only the first step. If the offending party does not have assets which can be collected upon, then, unfortunately, the victim would be unlikely to ever receive the compensation which they have been awarded. Also problematic is that some attorneys may decline the matter without conducting a full investigation, on the belief that a judgement would likely be uncollectible. This can leave a victim feeling dejected and unlikely to pursue the matter further.
A question to ask of a potential attorney is, as discussed previously in this series, the steps they will take to identify all of the possible parties in the matter. Another important question is what steps will they take to determine the extent to which the perpetrator of the act has assets. While insurance coverage is unlikely to cover any damages, there are many situations in which a corporation or other entity may pay the award because the offense was committed by an employee or member. Also, if assets are involved, then it is possible to take collective action to seize those items and sell them to satisfy the award. Attorneys who regularly practice in this area of law will be familiar with the type of investigation needed to collect on any judgment. Most of these matters also involve a relationship in which one person held authority over the other — pastor and parishioner, doctor and patient, teacher and student, employer and employee. That relationship is frequently what identifies an institution with a duty to screen, supervise, or remove the person who caused the harm.
Our standard practice is to run an asset check on the abuser at the outset of a matter and to report what we find directly to the survivor, including when the answer is not the one anyone hoped for. Texas’ homestead exemption is broad, and a perpetrator whose only meaningful asset is a house is often someone from whom a judgment cannot realistically be collected. We would rather say so at the outset than take a case that cannot be made right. Where there is a viable path — a negligent hiring or supervision claim against an employer, church, or school, or assets that can actually be reached — we will tell you that as well.
When selecting a firm to assist with such a matter it can be important to select a firm that will assist with the collection aspect as well as the establishment of liability. Noteboom – The Law Firm is able to assist with all phases of such a case. We employ an on-staff investigator and will thoroughly research all possible defendants. Also, we have multiple attorneys who are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. We have a track record of holding sex offenders accountable for their actions and we believe that the rights of individuals must be protected. If you or a loved one need assistance then contact us today to file a Texas sexual abuse lawsuit. Our injury attorneys pride themselves on the level of service which they provide and we look forward to speaking with you.
In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.