Foster Care Lawsuit

The foster care system is supposed to be a sanctuary for vulnerable children… a place of safety and protection when their homes are no longer safe. When that system fails, the profound betrayal can inflict lifelong wounds. If you suffered harm while under the care of the state, please know that you are not alone, what happened to you was not your fault, and you have legal rights. 

The abuse and neglect that occurs in foster homes can be physical, emotional, or sexual, or it can be a pattern of systemic neglect by the very agencies tasked with your protection. Filing a foster care lawsuit is a courageous step toward accountability and justice. Our experienced attorneys are here to help you navigate this process with the strength and confidentiality you deserve.

Why Choose Litigation Connect for Your Foster Care Lawsuit?

Choosing a legal team to handle a matter as personal and sensitive as a foster care abuse claim is a decision rooted in trust. Survivors need more than just lawyers; they need advocates who understand the deep complexities of trauma and the legal intricacies of holding powerful institutions accountable. At Litigation Connect, we have built our national practice on a foundation of compassionate advocacy and tenacious litigation.

When you entrust your case to our firm, you gain a partner dedicated to your fight. Here is why so many abuse survivors choose Litigation Connect:

• Deeply Compassionate Counsel: We recognize the immense courage it takes to come forward. Our team approaches every client with the respect, empathy, and absolute confidentiality you deserve. We create a safe space for you to tell your story and ensure you feel heard and supported throughout the entire legal process.
• National Resources and Institutional Knowledge: We are a national law firm with the resources to take on large government agencies and private foster care corporations. Our lawyers have a sophisticated understanding of the laws governing child welfare systems across the country and know how to uncover the evidence of systemic failure necessary to build a powerful case.
• A Record of Holding Systems Accountable: Our focus is on complex litigation against powerful entities. We are not afraid to challenge negligent state agencies, private contractors, or their insurance companies to demand the justice and compensation you are owed.
• No Upfront Costs or Fees: We handle all foster care abuse lawsuits on a contingency fee basis. This means you will never pay us anything out of pocket. We invest our own resources to investigate and pursue your claim, and we only receive a fee if we successfully recover compensation for you.

What is a Foster Care Abuse Claim?

A foster care abuse claim is a civil lawsuit filed by a survivor seeking financial compensation (damages) for the harm they suffered due to abuse or neglect while in the foster care system. This is not a criminal case, which is pursued by the state to punish an abuser with jail time. Instead, a civil lawsuit focuses on holding the responsible parties and institutions financially liable for the devastating impact their actions, or inaction, had on your life.

These claims are built on the legal principle that government agencies and private contractors who place children in foster care have a fundamental duty to ensure their safety and well-being. When these entities fail in that duty, they can be held legally responsible for the resulting harm. The types of abuse and neglect that can form the basis of a lawsuit are tragically broad.

Physical Abuse

This includes any non-accidental physical harm inflicted by a foster parent, household member, or facility staff member. Examples include hitting, punching, shaking, burning, or using restraints improperly.

Emotional and Psychological Abuse

Often invisible but deeply damaging, emotional abuse involves a pattern of behavior that harms a child's sense of self-worth and psychological stability. This can include constant verbal assaults, humiliation, intimidation, terrorizing, isolation, or rejection.

Sexual Abuse

Any sexual act or exploitation of a child is a heinous crime and a clear basis for a lawsuit. This can involve abuse by a foster parent, another child in the home, or anyone else the placement agency failed to protect the child from.

Neglect and Abandonment

Neglect is the failure of a caregiver to provide for a child's basic needs. This is the most common form of maltreatment and can include:

• Failure to provide adequate food, clothing, or shelter
• Medical neglect (denying necessary medical or dental care)
• Educational neglect (failing to enroll a child in school)
• Inadequate supervision that leads to harm or injury

Do I Have a Foster Care Abuse Case?

If you suffered harm in foster care, you may feel uncertain about whether you have a valid legal claim. While every case is unique, a successful foster care abuse case generally needs to establish four key elements:

1. A Duty of Care Existed: The foster agency or government entity had a legal responsibility to keep you safe and protect you from foreseeable harm. This duty is automatically established when they take custody of a child.
2. That Duty Was Breached: The agency or its employees acted negligently, breaching their duty of care. This can include placing you in an unsafe home, failing to properly vet foster parents, ignoring warning signs or reports of abuse, or failing to conduct regular wellness checks.
3. The Breach Caused Your Injuries: There must be a direct link between the agency's failure and the harm you suffered. For example, if the agency ignored a foster parent's history of violence and that parent then abused you, the agency's negligence is a direct cause of your injuries.
4. You Suffered Damages: You must have suffered demonstrable harm as a result of the abuse or neglect. This includes physical injuries, psychological trauma, medical expenses, lost earning capacity, and pain and suffering.

An experienced foster care lawsuit attorney can evaluate the facts of your situation to determine if these elements can be met.

Who May Be Held Liable in a Foster Care Abuse Claim?

One of the most complex aspects of these cases is identifying all the responsible parties. Liability often extends far beyond the individual who directly inflicted the harm. A comprehensive investigation may reveal negligence at multiple levels of the system.

Potentially liable parties include:

• The Individual Abuser: The foster parent, relative, or facility staff member who committed the abuse can be held personally liable.
• The Private Foster Agency or Contractor: Many states outsource the management of foster care to private companies. These agencies can be held liable for negligent hiring, failing to properly train and screen foster parents, failing to adequately supervise a placement, and ignoring or covering up reports of abuse.
• The State or County Government Agency: The government entity (such as a Department of Social Services or Child Protective Services) holds the ultimate responsibility for the child's welfare. You can hold them liable for their negligence in overseeing private agencies, failing to follow state and federal laws, and making negligent placement decisions. Federal law, specifically 42 U.S.C. § 1983, may allow you to sue a state agency for depriving you of your constitutional rights. However, these agencies often enjoy the legal protection of sovereign immunity, which makes these claims hard to pursue without experienced legal counsel.

What Damages Are Available in a Foster Care Lawsuit?

While no amount of money can erase the trauma of abuse, a lawsuit seeks to secure the financial resources necessary for your long-term healing and recovery. It is also a powerful way to hold negligent systems accountable and force them to change. 

The compensation, or "damages," available in a foster care lawsuit are designed to cover the wide-ranging and lifelong impact of the harm you endured. Damages are typically divided into two main categories:

Economic Damages

These are the tangible, calculable financial losses connected to the abuse. They are meant to restore the financial stability that was taken from you and provide for future needs. This can include compensation for:

• Medical and Therapy Costs: The past and future costs of medical treatment, psychological counseling, therapy, and prescription medications needed to treat both physical and emotional injuries.
• Lost Wages and Diminished Earning Capacity: If the trauma has impacted your ability to maintain employment or pursue educational and career opportunities, you can seek compensation for lost income and the projected loss of future earnings.
• Costs of Special Care: This may include funds for educational support, vocational rehabilitation, and other programs to help you overcome the challenges created by the abuse.

Non-Economic Damages

These damages acknowledge the profound, intangible suffering that does not have a specific price tag. For many survivors, these are the most significant aspects of the claim, as they validate the immense personal toll of the abuse. Non-economic damages compensate for:

• Pain and Suffering: The physical pain and emotional anguish you have experienced and will continue to experience.
• Emotional Distress: Compensation for conditions like anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological injuries.
• Loss of Enjoyment of Life: This acknowledges how the trauma has diminished your ability to experience joy, form healthy relationships, and participate in life’s normal activities.

In cases involving extreme or willful misconduct by an agency, courts may also award punitive damages. These are intended not to compensate the survivor but to punish the defendants and deter similar institutional failures in the future.

How Much Does It Cost to Hire a Foster Care Abuse Attorney?

At Litigation Connect, we firmly believe that your financial situation should never be a barrier to seeking justice. That is why we handle all foster care abuse cases on a contingency fee basis.

This arrangement means:

• There are no upfront costs. You do not need any money to hire our firm.
• We cover all litigation expenses. We invest our firm’s own resources to conduct a thorough investigation, hire leading experts, and build the strongest possible case on your behalf.
• You pay no legal fees unless we win. We only receive a legal fee as a percentage of the total compensation we recover for you. 

This approach allows you to focus on your healing while we focus on fighting for you.

How a Litigation Connect Lawyer Can Help You

Navigating a foster care lawsuit is an emotionally taxing and legally complex journey. You do not have to walk it alone. When you partner with Litigation Connect, our dedicated legal team will handle every aspect of your case with skill and compassion. We will:

• Provide a Safe and Confidential Consultation: We’ll listen to your story with empathy and without judgment to assess the strength of your claim.
• Conduct an Exhaustive Investigation: We will work to uncover all evidence of abuse and neglect by obtaining records from government agencies, deposing witnesses, and subpoenaing internal documents.
• Identify All Liable Parties: We can determine every individual and institution whose negligence contributed to your harm.
• Hire Leading Experts: Our team works with renowned psychologists, social workers, and medical professionals to provide expert testimony that clearly links the abuse to your lifelong damages.
• Aggressively Negotiate on Your Behalf: We will handle all communications with the defendants and their insurance companies, fighting for a full and fair settlement that meets your needs.
• Take Your Case to Trial: If the defendants refuse to offer a fair settlement, we are fully prepared to present your case powerfully before a judge and jury to demand justice.

Contact the Trusted Foster Care Lawsuit Team at Litigation Connect Today

Taking the first step toward justice is an act of profound strength and courage. By coming forward, you not only begin your own path to healing but also shine a light on a broken system, helping to protect other children from suffering the same fate. The attorneys at Litigation Connect are here to stand with you, fight for you, and give voice to your experience. We are committed to holding negligent agencies and individuals accountable for their devastating failures.

You have already endured enough. Let us take on the legal burden so you can focus on moving forward. If you or someone you love was harmed in the foster care system, contact Litigation Connect today for a free, completely confidential, and no-obligation case evaluation. Call us at (833) 552-7274 or complete our confidential contact form for a free consultation.

Our team is ready to listen and provide the guidance you need to reclaim your power and secure the justice you deserve.

Foster Care Lawsuit FAQs