If you or someone you know has been abused at a school, hospital, religious organization, or other institution, the individual perpetrator is not the only one who can be held responsible. In many cases the institution itself can be held accountable.
An attorney experienced in Washington D.C. law and familiar with the related deadlines is best positioned to pursue a liability case. Understanding who can be sued, how, and when is the first step.
The Path to Legal Accountability for Abuse
When the government tries an abuse case, it’s done in criminal court and any fines collected are paid to the state, not the victim. A civil lawsuit is filed by the victim seeking financial compensation. A civil lawsuit can proceed regardless of any criminal trial or whether the abuser was found innocent or guilty. Victims filing sex abuse lawsuits in D.C. can also use aliases or initials to protect their identity.
Public Institutions: A Higher Procedural Bar
The doctrine of sovereign immunity provides some protection to public schools, D.C. government hospitals, and other District-run agencies. While that protection is partially waived, claiming your rights requires navigating specific procedural hurdles.
Written notice (a Notice of Claim) must be given to the D.C. Office of Risk Management within six months of when the injury was sustained. The information must include the time, place, cause, and circumstances of the injury. If this six month deadline is missed you may not be able to make a claim, regardless of the seriousness of the harm suffered.
Public schools have a particularly high standard of requiring protection of students and others on the premises. Administrators and staff are required to prepare for the foreseeability of harm, taking proactive steps to prevent harm.
Private Schools, Nonprofits, and Religious Organizations
Private institutions do not benefit from sovereign immunity but they can claim some exceptions. They historically claimed charitable immunity when faced with abuse cases but they are increasingly treated as legal entities that can be sued, forcing them to exercise the duty of care expected of any corporation. Private schools generally owe students the same supervisory care as public schools.
Churches and religious institutions are consistently held responsible for safety failures, inadequate supervision, and operational lapses. Sexual misconduct claims brought in civil court have bankrupted several institutions in recent years.
Hospitals: Who Bears Responsibility?
Liability in medical settings depends on the relationship between the institution and the person who caused harm. Hospitals are responsible for the actions of their employees while on the job, but they are also partially liable for negligence by physicians who are not direct employees when a patient reasonably believes the doctor was acting under the hospital’s authority (called apparent agency).
Damages awarded in medical malpractice or abuse cases are not capped in Washington D.C. unlike most states. In D.C., a jury can award whatever they consider fair compensation for physical injury, emotional harm, lost income, and pain and suffering.
Expanded Deadlines for Sex Abuse Survivors
Sex abuse claims often have a statute of limitations after which a suit cannot be filed. Washington D.C. has extended the window for filing civil sex abuse claims that happened after May 21, 2021. Now, victims under age 35 at the time of abuse have until their 40th birthday to file suit, and those who were over age 35 when the abuse occurred have five years from the date of the last incident. Victims who were minors have seven years from their 18th birthday or three years from when they knew of the abusive act, which ever is later.
Moving Your Potential Claim Forward
The amount you may be awarded for medical treatment, therapy, lost income, and pain and suffering depends on the evidence, the way the institution responded to similar claims in the past, and whether safety policies were followed. Sam Martin, an experienced attorney, can guide you through the process of filing the notice of claim and making strategic choices to maximize the potential for your case to prevail.