California Victim of Child Abuse
Tuesday by: DoreenFACTS & ALLEGATIONS
A plaintiff now 36-years old and employed by an escrow company, claimed, between the ages of about 15 and 18, she was sexually molested numerous times by a relative including forced oral copulation.
The plaintiff had long been experiencing certain health complications whose cause she had not thought to pursue, underwent psychological testing and was diagnosed with a psychological condition with physical ramifications attributable to the abuse. After gathering statements from several witnesses, including the members of the molester’s own immediate family, a suit was filed against the molester.
To satisfy the code and survive a defense based on the statue of limitations, the plaintiff included the mandatory declaration of validation by a non-treating psychologist that she had a mental and physical condition that she did nor know of or could not have been expected to know of in time to satisfy the statute of limitations (her 26th birthday).
INJURIES/DAMAGES emotional distress: hypertension: insomnia:
Post-traumatic stress disorder
The plaintiff claimed that she had post-traumatic stress disorder and that her symptoms included sleeplessness, nightmares, loss of a sense of self worth, hypertension. She claimed that while she had never forgotten the abuse, it was not until her early 30s that some symptoms linked to the trauma, including chronic anxiety and sleeplessness, became manifest.
RESULT The parties settled prior to trial for $1 million.
According to plaintiff’s counsel, the defender was served with a settlement demand along with a summary of the witness statements while he was in the hospital with a serious medical condition. Plaintiff counsel gave him 48 hours to settle or face an expedited, videotaped deposition, a motion for early discovery of assets, and expedited (within 120 days) trial.
