The foster care system, often underfunded and understaffed, can lead to severe abuse cases, but not all instances result in viable lawsuits. Recent trends in state courts have made it harder for victims to seek justice. Proper analysis at the start of a case is crucial, particularly in deciding between federal or state court and the type of claim to file.
For a claim to be actionable, it’s essential to show that the foster care system had prior knowledge of the assailant’s dangerous behavior. A notable example involved the County of San Bernardino, where evidence of the County’s awareness of ongoing abuse led to a $7.5 million settlement obtained by Kristensen Law Group. Filing in federal court can be advantageous, as federal rulings may provide more favorable outcomes than state court precedents, particularly in light of cases like AE v. County of Tulare.
The Kristensen Law Group takes on a limited number of foster care civil rights cases, often turning down many due to the stringent criteria. We encourage individuals who believe they have a case to contact us promptly at contact@massachusettsinjury.law or (617) 913-0363.