Sexual assault, molestation, and other forms of child abuse have taken place in the foster care system for many years. Unfortunately, far too many children are left to suffer in silence until there is a major case, like the class action lawsuit that was recently filed by 12 former residents of MacLaren Hall – a Los Angeles foster care facility that was closed in 2003. In their lawsuit, the victims described the group home as a “house of horrors,” where children as young as five were routinely raped, molested, and exploited by MacLaren Hall employees and social workers.
This betrayal of a child’s trust is especially painful within the foster care system, where children have already experienced significant abuse and neglect. If you are one of the many victims who suffered sexual abuse while staying at MacLaren Hall, you have the right to seek monetary compensation for what you have endured. One of the most important aspects of filing a lawsuit is the statute of limitations, or the amount of time you have to take legal action. Right now, you may be wondering about the time you have left, or if you’re already past the deadline to pursue a sexual assault claim.
We can help you with this question, as well as any other concerns you have regarding your legal rights. Our attorneys have many years of experience in the representation of sexual assault victims, and we have what it takes to bring you justice in a case of foster care sexual abuse. To learn more about the actions we can take on your behalf, contact the legal experts of Normandie Law Firm.
What is the Filing Deadline for a MacLaren Hall Sexual Abuse Case?
Within the last few years, there have been great changes in the laws governing cases of child sexual abuse. The most important development occurred on October 13, 2019, when the state’s Assembly Bill 218 was signed into law. Prior to AB 218, the statute of limitations to sue for sexual abuse as a minor was 8 years after reaching the age of consent (up to 26 years old) or within 3 years from the date that an injury (physical or mental) resulting from the abuse is discovered.
Under AB-218, adult survivors of child sexual assault are given more time to bring a lawsuit against the responsible parties. Thus, if you were sexually abused at MacLaren Hall, the deadline for filing a lawsuit is:
- Up to 22 years after you’ve reached the age of majority, or up to 40 years old.
- Within 5 years from the date you discover a psychological illness or injury resulting from the abuse you suffered.
At this point, you may be wondering: which deadline do I go by – up to 40 years old or 5 years from the date of discovery? Fortunately, the law allows you to choose whichever date comes later, thereby maximizing the amount of time you have to seek monetary damages.
Our Recent Verdicts and Settlements
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What if I was Sexually Abused 40, 50, or 60 Years ago?
MacLaren Hall was opened in 1961 as a temporary group home for children who were waiting to be placed in foster homes. That means there are victims whose cases go back several decades, maybe as far back as 60 years. So what happens if a victim’s case has exceeded the statute of limitations even under the new laws?
That brings us to another crucial development concerning Assembly Bill 218. The legislation includes a three-year lookback window, which allows victims to pursue legal action on a claim that was previously expired. That means if your case occurred decades ago and you are past the statute of limitations, you still have the right to assert a foster care sexual assault claim. However, the expiration date for the 3-year window is December 31, 2022, which is fast approaching. To file your claim on time and receive the funds you are entitled to, contact our law firm as soon as possible.
Who Can I Sue for a Case of Foster Care Sexual Abuse?
Lawsuits involving the foster care system are extremely complicated because they involve multiple individuals and agencies that are responsible for a child’s welfare. In the lawsuit we mentioned at the beginning of the article, the defendant (party being sued) is the Los Angeles County Department of Children and Family Services. This makes sense, as the facility was under the management of LA County DCFS. It stands to reason that poor management and oversight by the department contributed to the many years of abuse that took place at MacLaren Hall.
But the county may not be the only responsible entity when there is rampant abuse in the foster care system. For example, the placement of foster children in Los Angeles county is handled by the Foster Family Agencies (FFA) program. These agencies are private companies that are licensed by the state to find appropriate foster homes or some other means of temporary shelter for a foster child. These agencies also have a duty to report cases of sexual abuse or suspected abuse to the proper authorities. Failure to do so is a crime, as well as grounds for a civil lawsuit under AB-218.
We provide this information to assure you that you have rights as a survivor of childhood sexual abuse. However, the laws governing foster care sexual assault cases are very complex, and we understand if you feel overwhelmed at this point. We are here to answer your questions and go over any concerns you have about the legal options that are available to you.
Average Case Value for a MacLaren Hall Sexual Assault Lawsuit
We hesitate to provide “average” values for these cases, due to the fact that each victim has their own set of injuries and losses from being abused at MacLaren Hall. However, these cases typically generate multi-million dollar settlements due to AB-218’s tripling of damages for certain cases of child sexual abuse. According to the law, if there was a cover up, or a “concerted effort to hide evidence relating to childhood sexual assault,” the defendant may be ordered to pay three times the normal amount of damages. When you take treble damages into consideration, it’s no surprise that these lawsuits are worth anywhere from $1.25 million to $6 million or more.
The important thing is to speak with an attorney, who can fight for the maximum payment you deserve. The lawyers of Normandie look forward to representing you and ensuring that you receive justice from the responsible individuals.
How long do these Cases take to Settle?
The amount of time to settle one of these cases will vary significantly depending on the extent of your injuries, the amount of compensation you are owed, the degree of negligence by the defendant, and the type of lawsuit you are filing (class action or personal injury). If we can negotiate a fair settlement with the liable entities, your payment may be recovered within 6 to 12 months, maybe less depending on the other side’s cooperation. But the abuse of a minor is an extremely sensitive topic, and the parties involved (Department of Children and Family Services, foster care agency, etc.) often fight back against claims of sexual assault. Thus, we always caution our clients that a lawsuit may be necessary to recover the full value of their losses. In that case, two or more years may be needed to settle a MacLaren Hall sexual abuse claim.
Second Opinion on Active Foster Care Sexual Abuse Claims
Are you in the process of suing as a former resident of MacLaren Hall, but you’re not sure about your attorney’s advice? Do you feel like your law firm is not giving you the time and attention you deserve? You don’t have to struggle with these problems on your own. We offer free second opinions if you have any questions about a pending sexual abuse claim.
Depending on the problems you are facing, switching your lawyer may be the best course of action. But you should only make that choice after a case review with one of our lawyers. However, there’s no obligation to do anything – we are happy to advise you no matter what you decide. To schedule a free case evaluation, contact our office at your earliest convenience.
Help from a Lawyer Experienced in Child Sexual Assault Cases
While nothing can truly make up for your harm and suffering, a lawsuit is a way to empower yourself and take back control from the individuals that have wronged you. Furthermore, there’s no denying the long-term impact of sexual abuse on a person’s life, and compensation is necessary to recover from these issues.
Finances are a major source of stress for injury victims, but you won’t have to worry about that when you choose one of our attorneys. We will put up all the costs associated with your lawsuit as a condition of our Zero fee guarantee. That means we work for free and only get paid when you receive your settlement. Along with our contingency agreement, you will have our support, encouragement, and advice any time you need it. We treat our clients like family, so you can count on us to return your calls and keep you updated on everything that’s going on with your case.
To learn more about your legal options as a victim of foster care sexual abuse, speak with the attorneys of Normandie Law Firm.
Other Pages on Our Website Related to This Topic
Maclaren Hall Sexual Abuse Class Action Lawsuit Information
Can I get a Cash Advance on my MacLaren Hall Sexual Abuse Case
How Much Time Do I Have to File a Lawsuit for MacLaren Hall Sexual Abuse
