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What Damages are Recoverable in Abuse Cases?

What Damages are Recoverable in a Case of Foster Care Abuse or the Failure of State Agencies to Properly Fulfill Their Duties?

There are many types of damages that are potentially recoverable in the case of foster care abuse in Washington, or in the case where Washington agencies are negligent in failing to properly fulfill their duties concerning children and the vulnerable. These damages include:

  • Pain and suffering.  In an award of damages arising out of foster care abuse or neglect, pain and suffering is often the largest component of the damages awarded.  In Washington, a jury is entitled to base an award of pain and suffering around any measure that it deems to be appropriate.  Often, juries will take into account the nature of the abuse, the physical injuries caused, the psychological damage caused, and the likely ongoing effect that such injuries and damage will have on the victim.

See “How Juries Determine Pain and Suffering Awards in Abuse Cases in Washington.”

  • Medical Expenses.  Many cases of foster home abuse result in injuries such as broken bones, cuts, and burns.  Neglect in the form of malnutrition or the failure to seek medical care for illness or disease can also result in unnecessary medical expenses.  The cost for medical treatment arising out of abuse and neglect also is recoverable in a lawsuit.  These expenses include not only past medical expenses, but also medical expenses that are likely to be required in the future.  
  • Future Counseling and Psychological Needs.  The psychological wounds arising out of many cases of abuse often do not end when the physical injuries are healed.  Instead, the psychological wounds can last a lifetime.  Because of the heinous nature of many types of abuse and neglect in foster care, long-term psychological and other counseling often is necessary.  In seeking a full recovery for the damages inflicted upon our clients, we will ask, when appropriate, for compensation for any expected long-term psychological or counseling needs.
  • Other Damages. Severe abuse can affect the victim’s ability to enjoy ordinary life events, or even to engage in meaningful employment. We carefully assess these and other types of damages so that we can ask for appropriate compensation to recover for such damages.

These are only some of the types of damages that may be recoverable in a case of abuse or neglect; in some instances other types of compensation may additionally be recoverable.  In all cases we seek to recover for our clients the full measure of damages to which they are entitled under the law.

To Learn More About Damages and Compensation That May Be Recoverable, Please Call Us at 206-388-0333.

We offer a free, no-obligation consultation so that we may learn about your case, and so that we can answer any questions that you might have concerning initiating a case of foster home abuse or neglect.  We generally accept cases of foster abuse on a contingency fee basis, which means that you will not owe us any fees unless and until we first recover a settlement or award for you.