Your therapy abuse case may settle out of court, and statistics indicate a settlement is more likely to occur than a full-blown trial. Indeed, most civil cases settle before going to trial. Therapy abuse cases are no exception.
Every therapy abuse case is unique. Your case could be one of those that end up going to trial. But the surest way to get a favorable settlement, is to prepare your case as if it were going to be tried, so the defendant’s insurance company knows you’re ready and mean business.
What Determines Whether a Therapy Abuse Case Will Settle or Go to Court?
Will your case settle out of court, or will you be forced to push to trial before a jury? The thought of a trial can be scary, for sure, but lawyers experienced in the court room will know whether it’s best to resolve a case out of court or proceed to trial.
Some factors that may affect whether your therapy abuse case will settle out of court include:
- Whether the therapist is willing to admit fault
- Whether the therapist is willing to settle for the amount you deserve
- Whether the therapist has insurance coverage that is not being withheld on a “reservation of rights”
- How much compensation you are entitled to, which could affect whether liable parties will agree to the settlement amount
- How effectively your lawyer negotiates during the settlement process and mediation
- Your attorney’s reputation, as a record of success at trial may compel the defendant in your case to settle
If a defendant thinks your attorney has a strong chance of winning at trial, he may choose to settle rather than risk paying more through a verdict.
What Should I Do to Maximize My Settlement or Verdict?
A verdict or settlement is never guaranteed. However, having a competent, experienced attorney cannot hurt. Our attorneys handle therapist abuse cases regularly, which allows us to:
- Identify the losses that can occur in abuse victims
- Appropriately calculate the monetary cost of your damages
- Anticipate the arguments the defendant’s attorney may employ against your case
- Create an evidence-based case on your behalf
Our team will handle settlement negotiations for you. We are also prepared to take your therapist abuse case to court if necessary.
For a free legal consultation, call,
Who Is Financially Liable for Therapist Abuse?
Therapists may generally be liable for any abuse they perpetrate. If the therapist is part of a larger practice or another party contributed to your abuse, the practice (or other liable party) may also be financially responsible for your damages.
What Qualifies as Therapist Abuse?
Therapists occupy a delicate profession. Dealing with patients’ intimate stories and concerns, a therapist must operate with the utmost integrity. Therapists who engage in any form of misconduct may become the subject of a civil lawsuit, and rightfully so.
Our team can identify abuse and any other therapist misconduct you experienced. Therapist misconduct may include:
- Inappropriate sexual contact: The journal Cogent Psychology explains that patients can be vulnerable to sexual misconduct by therapists. Even if a patient expresses intimate feelings for a therapist, it is the therapist’s responsibility to recognize the conflict of interest.
- Sharing the patient’s personal information or private conversations: Patients have a right to confidentiality when they speak with a therapist. There are very few exceptions to therapist-patient confidentiality. If a therapist inappropriately shared your personal details with a third party, they may have committed misconduct.
- Unwanted non-sexual contact: Therapists must respect a patient’s boundaries. Any unwanted physical contact, even if it is just suggestive but not overtly sexual, may qualify as therapist misconduct.
- Verbal abuse: A therapist who intimidates, threatens, berates, or verbally abuses a patient in another manner may be liable for the harm they cause.
You confide in a therapist because the therapist has gained your trust. You may have even held your therapist in high esteem, understandably putting great value on their advice. If a therapist violated the trust you put in him, he may be liable for resulting damages.
Damages Resulting from Therapist Misconduct
An attorney may get you compensation for your abuse-related damages. Whether your attorney settles out of court or secures a verdict in court, a financial recovery can help you with:
- Pain and suffering: The damage of therapist abuse may be largely emotional or psychological. You may need treatment for the pain and suffering an abusive therapist caused. We may get compensation to cover such treatment.
- Lost income: If the trauma of therapist abuse prevents you from working (for any period), you may lose income consequently. Your financial recovery may reimburse you for your lost income.
- Any other damages resulting from therapist abuse: If you have any other damages resulting from therapist abuse, our team will acknowledge them and seek fair compensation.
Do not wait to consult with a lawyer. Our team will answer your questions about what it takes to bring a claim, and whether doing so is the right step for you.
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Call Jenner Law for a Free Consultation About Your Therapist Abuse
There may be legal avenues to get justice for your therapist abuse. The team at Jenner Law will work to hold any negligent therapist accountable for their misconduct. Call our team today for your free consultation.