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If your child or loved one has an intellectual disability and has suffered abuse, neglect, bullying or violence, you may have the right to file a lawsuit in pursuit of financial compensation in Kansas. With assistance from the disability rights attorneys at DRZ Law, you could hold an institution accountable for failing to protect your vulnerable loved one, such as a school or adult care home. Discuss your situation and the complexities of disability rights in detail with one of our experienced and knowledgeable trial attorneys when you request a free consultation.
According to the American Association on Intellectual and Developmental Disabilities, an intellectual disability is characterized by significant limitations in intellectual functioning and adaptive behavior that develop before the age of 22. A person with an intellectual disability may have limitations to his or her ability to learn, comprehend, problem-solve, reason, communicate and live independently.
Sadly, persons with intellectual disabilities can be targets for abuse due to their inability to understand what is happening, defend themselves or tell someone about the abuse. Examples of intellectual disability abuse include:
Intellectual disability abuse can take place in someone’s home, at school, an after-school program, summer camp, sports program, religious institution, doctor’s office, adult care facility, hospital or anywhere else the victim frequents. Abusers can take the form of caregivers, licensed care professionals, staff members, doctors and nurses, teachers, coaches, fellow students at school, strangers, friends, or even family members. In many cases, the perpetrator is someone who holds a position of trust or authority over the victim.
Being the target of intellectual disability abuse can have a wide range of adverse effects on a victim. If your child or someone else close to you has an intellectual disability, it is important to stay vigilant for potential signs of abuse. The victim may be physically or mentally unable to report the incident. This means it is often up to friends and family members to notice the signs of abuse and say something.
Although each case is unique, red flags for intellectual disability abuse often include:
Abuse, neglect, exploitation and bullying can impact a victim with an intellectual disability in myriad ways, including physical injuries, behavioral problems or outbursts, personality changes, reduced performance in school, and an overall decrease in physical or mental health. If you notice any potential signs of intellectual disability abuse in Kansas, speak up immediately. Report your concerns to the institution in charge of taking care of or supervising your loved one and involve law enforcement if you believe a crime has been committed.
Intellectual disability abuse is a tort that could give you the right to file a civil lawsuit in Kansas. You may have grounds to sue not only the individual perpetrator who abused your loved one but the institution in charge of protecting the victim, as well. For example, if you are the parent of a child with an intellectual disability who has suffered from abuse or sexual assault at school, you could bring a claim against the school. These cases may involve institutions such as:
If an institution or any of its employees fall short of its duties of care toward someone with an intellectual disability, it can be held liable (financially responsible) for any harm suffered by a victim of abuse. These cases are typically brought on the basis of negligence, or the failure of an institution to use ordinary care to protect vulnerable populations.
A personal injury lawsuit for intellectual disability abuse in Kansas could compensate a victim and his or her family for a variety of related losses. The law allows for the recovery of both economic and noneconomic damages in a civil lawsuit. This means that bringing a claim could result in financial compensation for:
The value of your intellectual disability abuse case depends on the circumstances, such as how severely the victim was injured or affected. Our attorneys at DRZ Law can accurately estimate how much your case is worth and pursue maximum financial compensation from an institution or insurance provider in Kansas on your behalf.
Intellectual disability abuse can be unimaginable… until it happens to you or someone you love. If the unthinkable has happened, contact DRZ Law immediately for legal assistance or legal representation. We have a team of experienced and compassionate attorneys ready to use our legal services to help your family with a claim. Start with a free one-on-one consultation with an intellectual disability abuse attorney in Kansas. Call us at (913) 400-2033 to schedule your case review.
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