Importance of Trauma Informed Care in the Legal Industry

A relatively new body of research on trauma and the brain has resulted in incredible insights to the physical and emotional effects that trauma can have on a person. From lapses in memory to extreme anxiety, the emotional toll of trauma can be quite debilitating.

First, let’s define trauma. Trauma can be defined as a deeply disturbing or distressing experience such as a car accident or natural disaster or something more sinister like sexual assault or domestic violence. Everyone processes trauma differently, usually in the short-term exhibiting signs of shock and denial immediately following the event. For others, trauma manifests in the longer term as unpredictable emotions, flashbacks, strained relationships, and even physical symptoms like headaches or nausea. Trauma-informed research has taken these definitions further to understand the science behind what happens to the brain when a traumatic experience occurs as well as how the brain reacts after.

The truth is it is highly likely that we interact with people on a daily basis who have suffered some sort of trauma. Like an invisible wound, trauma can wreak havoc on a person and there may be no way to know from the outside that they are suffering. Unfortunately, most of our clients have suffered a traumatic experience prior to needing our personal injury legal services, making it all the more important that our team understands best practices for trauma informed communications in order to make the experience as comfortable as possible for the client.

It is with this initial understanding that our team engaged the services of Dr. Laura McGuire from the National Center for Equity and Agency to take us through a Trauma-Informed Legal Professional Certification Course.  The National Center for Equity and Agency offers the only Trauma-Informed Law Certification for attorneys and law firms in the United States. This certification goes far beyond trauma-informed 101 and gives participants a number of unique advantages:

Dr. Laura McGuire is a nationally recognized sexuality educator, trauma-informed specialist, inclusion consultant, and founder of The National Center for Equity and Agency. She has worked as an instructor, presenter, educator, consultant, and trainer. In 2015, she served as the first Sexual Violence Prevention and Education Program Manager at the University of Houston, and in 2017, she became the first Victim Advocate/Prevention Educator at the US Merchant Marine Academy.

In both roles, she worked simultaneously as a victim-advocate and restorative practice provider for respondents. As a domestic violence and sexual harassment survivor navigating the legal system, Dr. McGuire saw the major gaps between what research showed and what those reporting experienced. The Trauma-Informed Legal Professional Certification program was developed to help legal teams better support their clients in crisis, making a difficult process a little easier for all involved. The program integrates Dr. McGuire’s experience and scholarly expertise to give insight and actionable tools to attorneys and providers across the country.

So what exactly does the Trauma-Informed Legal Professional Certification Course entail?  The Trauma-Informed Legal Professional Certification is the first of its kind- offering legal professionals the tools to work with clients in crisis and to safeguard themselves from the impacts of secondary trauma. This certification blends trauma-informed care theory with real-world application customized to the realities of what lawyers and their clients face in navigating legal systems and judicial realities.

As we learn more about being trauma informed, we gain better understanding of how working with trauma survivors can increase the risk for burnout and secondary traumatic stress within our own organization. Additionally external factors and stressors that an employer may not be aware of, as well as an employee’s personal trauma history can add to the risk. The bottom line is this: whether or not someone has a history of trauma, working firsthand with survivors who have gone through so much suffering and adversity can be deeply impactful and it is critical to make sure all parties involved, whether client or employee, are protected from these stressors.

Our team recently completed the certification process and it was an amazing experience for everyone involved. As a law firm focused on the needs of our clients, we realized that we don’t often take time to think of the secondary effects that trauma can have on us. Taking time to become educated on how to better care for our clients going through these stressful situations also helped us to identify how to better care for each other.

Following the training, Kevin Biniazan and Dr. McGuire sat down to debrief on the importance of trauma informed practices for the legal industry. We invite you to watch our podcast video to learn more. You can also contact Dr. Laura McGuire through the National Center for Equity and Agency.

Jury Awards $360 Million in Landmark Verdict Against Cumberland Hospital and Dr. Daniel Davidow

On Friday, September 27, a Richmond Circuit Court jury delivered a groundbreaking $360 million verdict in a civil trial against Cumberland Hospital and its former medical director Daniel Davidow.  After roughly seven hours of deliberations, the jurors returned a verdict of $20 million in compensatory damages, $60 million in treble damages for violation of Virginia’s Consumer Protection Act, and $40 million in punitive damages per plaintiff. 

The jury found Davidow sexually abused each Plaintiff under the guise of femoral pulse exams. In closing arguments, attorney Kevin Biniazan described the environment at Cumberland as a “village” of abuse, urging the jury to consider the long-term impact of Davidow’s actions on the victims’ lives.

“One [victim] is a problem, two is a pattern, three is pervasive, and four is a pandemic,” Biniazan stated, emphasizing the need for justice and support for the survivors. He highlighted that a favorable verdict would send a powerful message to victims, affirming their worth and restoring their trust in the system.

Cumberland Hospital is one of several hundred facilities operated as a subsidiary of Universal Health Service, Inc. and through the management of UHS of Delaware, Inc. This verdict comes on the heels of a United States Senate Committee on Finance report and hearing addressing concerns with Youth Residential Treatment Facilities owned by UHS including Cumberland Hospital.

While the defense team attempted to defend the legitimacy of Davidow’s medical examinations which habitually violated patients, the jurors ultimately determined that there was malicious intent behind his actions and negligence on the part of Cumberland Hospital for not protecting the children.

This landmark verdict highlights the urgent need for transparency and accountability in youth serving organizations, as the plaintiffs seek to reclaim their lives and send a clear message against abuse in all forms.

Breit Biniazan represents more than 40 additional plaintiffs involving claims against Cumberland Hospital, its parent company UHS, Inc., and Daniel Davidow seeking in excess of $930 million.

Can I Still File a Claim? The Statute of Limitations On Sexual Abuse and Assault Cases

There’s a lot of confusion regarding a survivor’s legal rights following sexual abuse or sexual assault. A common misconception is that victims can only pursue criminal proceedings to have the attacker arrested and charged. But survivors can also pursue civil proceedings as well. This leads to the second area of confusion for many survivors: How long do I have to file a claim? 

The answer isn’t always cut and dry. In the article below, we discuss the statute of limitations for sexual abuse and sexual assault cases in Virginia and the U.S., as well as other factors that impact the amount of time a survivor has to file a claim. 

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Sexual Abuse and Sexual Assault Are Different

First, it’s important to know the key differences between sexual abuse and sexual assault, as the status of limitations for each type of case can vary depending on the circumstances.  

These two terms are often used interchangeably but are treated very differently by courts.

Sexual Abuse

Since minors can’t consent to sexual activity, any contact with a minor is illegal. And in the civil realm, minor abuse survivors (through their parents or guardians) can sue their abuser for civil damages. 

Under Virginia law, sexual abuse can include any of the following actions: 

If you suspect child abuse or know a minor has been abused in any of these ways, it’s not too late to seek help. The statute of limitations may be longer than you think.

Sexual Assault

Virginia law defines sexual assault as including only sex crimes against adults. Sexual assault can include the following actions:

Just like sexual abuse survivors, sexual assault survivors can bring a legal claim against their abuser to recover financial damages. 

What Does Statute of Limitations Mean?

The term “statute of limitations” (SOL) refers to the amount of time you have to file a claim against your attacker. 

While most personal injury cases have an SOL of two years from the incident, calculating the limitations period for sexual abuse or assault can be trickier.

Virginia Sexual Abuse Statute of Limitations: 20 Years From Accrual

Under Virginia statute § 8.01-243, the statute of limitations on sexual abuse of a minor doesn’t expire until 20 years after the cause of action accrues. 

A cause of action may “accrue” when:

Determining whether the SOL has expired in a child sex abuse case is very fact-specific.  

Different factors play a role in this legal determination, including:

We strongly encourage all survivors of child sexual abuse to consult with an attorney, at Breit Biniazan or elsewhere, as soon as possible to better understand their rights and whether they have a viable legal cause of action.

Sexual Abuse Statutes of Limitations in the U.S.

Each state has its own statute of limitations for sexual abuse of a minor. These time limits vary widely, from 1 year in Tennessee to 35 years in Massachusetts.

There are always exceptions to the sexual abuse statute of limitations, so you shouldn’t let this prevent you or a loved one from seeking help.

In many states, the statute of limitations for abuse of a minor may be tolled (or paused) until they turn 18. Others, like Georgia, pause the statute of limitations for sexual crimes for victims aged 65 and older until the abuse has been reported to an authority. Contact an attorney in your state to learn more about your options.

Within 1-2 years from the date of the incident

*States that toll the statute of limitations until the victim turns 18.

** States that toll the statute of limitations until 2 years of the last act, 2 years of age 18, or 2 years of discovery, up to 20 years from age 18.

Within 3 years from the date of the incident

*States that toll the statute of limitations until the victim turns 18.

** States that toll the statute of limitations until the victim turns 21.

Within 4-7 years from the date of the incident

*States that toll the statute of limitations until the victim turns 18.

** States that toll the statute of limitations until the victim turns 21.

Within 10-12 years from the date of the incident

*States that toll the statute of limitations until the victim turns 18.

Within 15-35 years from the date of the incident

*States that toll the statute of limitations until the victim turns 18.

No special statute of limitations

Other statutes of limitations

In Florida, any claims founded on alleged sexual abuse of incest may be filed within 4 years after the victim is no longer dependent on the abuser, 4 years from the time of discovery of the abuse or injury, or within 7 years after the victim turns 18.

In Georgia, effective July 1, 2015, any civil action alleging childhood sexual abuse should be filed before the victim turns 53 years old unless it is a crime for which the law stipulates a statute of limitations no longer than 15 years.

In Idaho, in cases dating after July 1, 1989, the suit may be brought within 5 years of the victim turning 18.

In Wyoming, victims must file sexual abuse claims within 3 years from the discovery of the abuse or within 8 years after turning 18.

What to Expect After Filing a Sexual Abuse Lawsuit

Once you’ve filed your lawsuit and named the parties responsible for the abuse, these defendants will have an opportunity to file a response—or “answer”—to the complaint. This answer will admit or deny specific allegations, giving you and your attorney a better idea of what evidence will be needed to build the strongest possible case.

As the case progresses, both parties can seek discovery from the opposing parties. This discovery may include any physical evidence in a party’s possession, judicial admissions, affidavits, and other relevant evidence.

At some point, the defendant may offer to settle the claim outside of court. Accepting a settlement offer usually means dismissing the civil claim and agreeing that the settlement amount discharges any potential claims you could bring against a defendant. This is one reason it’s crucial to seek an attorney’s advice as early as possible in the process—your attorney is in the best position to evaluate a settlement offer and ensure that it offers fair compensation for your claims.

Virginia Sexual Assault Statute of Limitations: 2 (or More) Years

Virginia has eliminated the criminal statute of limitations for all felony sex crimes. This means that an offender can be prosecuted for rape, sexual battery, or other serious sex crimes even decades after the offense.

Calculating the statute of limitations for civil sexual assault claims is tougher. 

Sometimes, the “default” two-year SOL for personal injury claims applies. In other cases, the SOL can be tolled, or paused, based on the circumstances. 

Reporting sexual assault can be tough, and it’s important to go at your own pace. Far too often, survivors are afraid to step forward because they fear their attacker or because they feel it is too late to take action. 

Don’t let the statute of limitations prevent you from seeking help—there are a variety of exceptions that can extend or pause the statute of limitations for a particular case. Contact an attorney in your state to discuss your legal options.

Sexual Assault Statutes of Limitations in the U.S.

As with sexual abuse, each state sets forth its own sexual assault statute of limitation. But unlike the sexual abuse limitation periods, sexual assault statutes of limitations can usually be measured in single-digit years.

Within 1 year from the date of the incident

Within 2 years from the date of the incident

Within 3 years from the date of the incident

Within 4 to 6 years from the date of the incident

Other statutes of limitations

A few states have either done away with the sexual assault statute of limitations entirely or have made it flexible according to the facts of the case.

In Connecticut, there is no time limit within which to bring cases of sexual assault or aggravated sexual assault.

In Florida, a sexual assault victim has seven years from the age of majority (18), four years after they leave the dependency of their abuser, or four years from the time the sexual assault is discovered—whichever is latest.

In Illinois, there’s no statute of limitations in a civil lawsuit alleging Class X felony aggravated criminal sexual assault, Class X felony predatory criminal sexual assault, or Class 1 felony criminal sexual assault.

What to Expect After Filing a Sexual Assault Lawsuit 

Like a sexual abuse lawsuit, once you’ve filed the complaint, the defendants will have an opportunity to file an answer, narrowing the claims at issue.

It’s also important to note that any civil claim will proceed on a separate track from a criminal claim. In other words, if the defendant is also being criminally charged with sexual assault, these cases won’t be litigated together—a defendant can be found civilly liable for sexual assault even if the criminal case never results in a conviction. What’s more, a plaintiff is free to bring a civil sexual assault claim even if the defendant was never criminally charged.

To avoid litigating the same facts in two separate proceedings, some courts may pause, or “stay,” the civil action until the criminal proceeding has concluded. And this delay can come with some benefits; if the defendant is convicted of sexual assault in criminal court, this is likely to bolster the strength of your civil sexual assault claim.

Next Steps

When You’re Ready, Take Action

It’s important to know your rights in filing a lawsuit against your attacker so you can move forward and pursue the justice you deserve. 

Our Virginia sexual assault attorneys work with our clients to help them understand what options they have and how they can protect their rights after an attack. At Breit Biniazan, we put your needs first. We’ll treat your case with the care and respect it deserves. 

To set up a free consultation, contact us online or call us at (855) 659-4457

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How to Protect Your Children From Sexual Abuse

Around one in nine girls and one in 52 boys will be subjected to sexual abuse before their 18th birthday. The impact of this abuse can last a lifetime.

Sexual abuse victims are four times more likely than non-victims to develop PTSD or substance use issues and are three times more likely to experience a major depressive episode.

The more you know about sexual abuse the better you’ll be able to protect your child and the other children in your life. Below, we discuss some of the things to watch out for, as well as steps you can take if you suspect your child or another loved one has suffered sexual abuse.

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What is Sexual Abuse?

Child sexual abuse, often called child molestation, encompasses any sexual contact with a child. This may include:

Because children can’t legally consent to sex, these actions are child molestation even if the child didn’t fight back or say no.

Warning Signs of Sexual Abuse

Sexual abuse often goes unreported. The perpetrator may threaten the victim into silence, or the victim may feel ashamed or afraid to disclose the abuse to others.

Parents should be on the lookout for some of the most common signs of sexual abuse.

These warning signs fall into three categories: physical, behavioral, and emotional. They may also be subtle or hard to catch.

For example, a child may make minor comments to test the reaction of trusted adults, like saying they find someone “weird” or they don’t like spending time with them. Being receptive and asking open-ended questions may reveal more information.

Specific examples of each type of warning sign are:

Physical

Behavioral

Some of these behavioral signs or changes may be nothing to worry about in isolation. However, a combination of several of these signs may indicate that something more serious is going on.

Emotional

Again, these emotions can sometimes be present even without any abuse. But if any of these feelings seem to come on suddenly or if they impact your child’s behavior or the way they interact with others, it’s worth probing further to get to the root of the issue.

Sexual Abuse Risk Factors

Sexual abuse can happen to anyone. It strikes all communities: wealthy and working class, urban and rural. But while sexual abuse isn’t limited to a particular group, a few factors can increase an individual’s risk of abuse:

Chaotic home environment

Children who have unstable surroundings may be more vulnerable to promises of safety and security. Sexual predators often hone in on children who have stressful home lives, working to groom and isolate them so they’re less likely to report that this abuse is happening.

Poor self-esteem

Much like children from chaotic households, children who have low self-esteem can be vulnerable to the effects of flattery, gift-giving, and undivided attention—all common tactics used by sexual abusers.

Abuse is all about violating boundaries, and those with poor self-esteem may not feel they deserve the same respect and boundaries others enjoy.

Unlimited or unsupervised technology access

The internet has expanded the pool of potential sexual abuse victims, and even devices with child-proofing software may not be completely safe.

Keep a close watch on your child’s internet access and monitor the messages that are sent and received to ensure that communications are appropriate. Another rule of thumb is to not allow your child to “friend” anyone online they don’t also know in person.

Identifying as LGBTQ+

Children without a strong support system or who feel separated from their peers are more likely to fall victim to someone who appears to offer support, even if this support comes at a high price.

Those who identify as LGBTQ+ may worry about how their parents or peers will react to their sexuality or feel as though no one understands them, rendering them more vulnerable to a predator’s advances.

You may notice a theme in these risk factors—they all stem from isolation.

Protecting Your Child from Sexual Abuse

Protecting children from sexual abuse starts at home.

In order to start a conversation and allow your child to feel comfortable enough to open up to you, you should:

Other ways to help protect your child from abuse include:

What to Do If You Suspect Sexual Abuse

If you suspect a child is being abused, you should contact the police immediately. Your child’s statement may be critical to ensuring that the perpetrator is caught and prosecuted.

If your child has disclosed sexual abuse to you, believe them. Be supportive and encouraging if a child reports an incident.

Don’t confront the perpetrator yourself or try to take the law into your own hands. Doing this won’t help you or the victim feel any better, and is only likely to complicate any legal avenues you pursue.

A civil lawsuit against the abuser can help your child recover the compensation they need to heal and move forward. To learn more, contact the expert sexual abuse attorneys at Breit Biniazan for professional legal representation.

Legal team for 39 plaintiffs suing Dr. Davidow and Cumberland Children’s Hospital releases statement on new investigative report

The legal team at Breit Biniazan today released the following statement following the release of new investigative reports on the history of allegations of abuse:

 “The reports uncovered by Laura French and WTVR reinforce our steadfast commitment to our clients and all former patients of Cumberland Hospital to uncover the truth, and seek accountability from all who bear responsibility for their abuse and inhumane treatment.”

Breit Biniazan currently represents 39 former patients of Cumberland Hospital in lawsuits pending in Richmond, Virginia against Cumberland Hospital and its owners and operators UHS, Inc. and UHS of Delaware, Inc. Many of whom accuse Dr. Daniel Davidow of sexual abuse in a manner similar to what was reported on by WTVR and Laura French.  If you have any information that could be helpful to uncovering the truth, you can reach us at (855) 659-4457.

About Breit Biniazan

Breit Biniazan is a Virginia-based law firm focused on fighting for justice for those who have suffered injury or loss through no fault of their own. Our expertise ranges from representing clients catastrophically injured by defective products to representing survivors of sexual abuse and others injured in trucking collisions. Breit Biniazan is committed to taking cases to trial, making our firm a valuable legal resource to individuals who have been injured by others’ wrongdoing.

What Are My Legal Options After Sexual Abuse? 

When it comes to sexual abuse, we’re used to hearing about abusers losing their jobs or even being convicted and sentenced to prison. Like other criminal offenses, sexual abuse can be punished by jail, prison, or hefty fines. 

But sexual abuse is a civil offense too. And even if the offender is never charged with a crime, the survivor can bring a civil lawsuit to help compensate for their losses.

Sexual abuse is personal injury. Just like in a trucking accident or brain injury case, you deserve to be justly compensated for your pain and suffering. 

Below, we discuss the legal options available to bring charges against an abuser, whether criminal, civil, or both.

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How is Sexual Abuse Defined?

The terms “sexual abuse” and “sexual assault” are often used interchangeably. But under Virginia law, they have distinct meanings. 

The same acts can constitute either sexual abuse or sexual assault, depending on the age of the survivor at the time of the abuse. 

Some of these acts include:

This list isn’t exclusive. Sexual abuse and assault can also include acts like unwanted sexual touching or groping, forcing a minor to watch child pornography, or exposing one’s genitals to a minor. If you suspect your child has been sexually abused, it’s important to start a dialog with them. 

Two Paths to Hold Sexual Abusers Accountable: Civil and Criminal Lawsuits 

In the U.S., there are two sets of laws that govern:

Criminal claims are brought by a prosecutor, while civil claims are brought by a survivor’s attorney. 

Because civil attorneys represent their clients’ best interest, a personal injury lawsuit can give survivors more control over how the case proceeds. 

And though the term “personal injury” might make you think of broken bones from slip-and-fall accidents or car crashes, sexual abuse is a personal injury too. 

Just like a physical wound, sexual abuse has the power to injure. And its emotional toll is real.

Who Can Sue for Sexual Abuse?

When a child is sexually abused, a lawsuit may be brought by:

Parents of a child who was sexually abused may also be able to bring their own claim to recover emotional distress damages. 

The statute of limitations for sexual abuse can be different from other personal injury claims. When a minor is sexually abused, they generally have 20 years from their 18th birthday, or 20 years from when they first report the abuse to a therapist or other professional, to file a lawsuit.

Why Sue for Sexual Abuse?

There are several reasons you might want to file a sexual abuse claim against the abuser.

First, survivors deserve the satisfaction of holding their abuser accountable. This accountability can help survivors get closure and peace. 

Next, by exposing a sexual predator—especially one who wasn’t criminally charged—you can protect others from being abused. 

One in three sexual abusers charged with a crime already has a criminal history, and many are serial sexual abusers who will go on to commit more crimes. By sharing their story, survivors and their families may be able to prevent the abuser from harming others. 

Finally, survivors may be able to recover damages for the losses they’ve suffered. Survivors and their families could be awarded damages to cover the costs of medical treatment, mental health services, lost wages, mental trauma, and other financial damages. 

The decision to come forward and report sexual abuse can be an incredibly hard one. And there’s no wrong path when it comes to moving forward from abuse or assault. It’s important to take matters at your own pace.

Still, many survivors have found it rewarding to take their power back by holding their abusers financially accountable for their crimes.

What to Expect From a Sexual Abuse Lawsuit

In many ways, sexual abuse lawsuits are like other personal injury lawsuits.

But because the statute of limitations for child sexual abuse is longer than other personal injury claims, attorneys have more time to investigate and create the strongest possible case before filing a complaint. 

Before the Lawsuit: Gathering Evidence and Investigating the Claim

There’s groundwork to be laid before a lawsuit is ever filed. 

An attorney will investigate a claim of sexual abuse by interviewing the client, other witnesses (like parents or other relatives), and anyone else who may have relevant information. 

Once the attorney has the facts, they can research potential causes of action and see what potential claims their client might have. They’ll work with the client to discuss goals and desired outcomes.

During the Lawsuit: Depositions, Discovery, and Negotiations

After a civil complaint has been filed, both parties are entitled to the discovery of evidence. This means that the survivor’s attorney can request information from the attacker, and vice versa.

Most of this information will take the form of:

Each party is only allowed to request evidence that is directly relevant to the claim or defense. This means that if the attacker requests evidence that is irrelevant or only intended to harass, your attorney can file a motion to strike the request. 

When a Sexual Abuse Lawsuit Goes to Trial

Many sexual abuse lawsuits, like other personal injury lawsuits, will settle before trial. 

Settling can sometimes be a good option, especially in cases where the survivor doesn’t want to testify or confront their abuser.

On the other hand, if you plan for a lawsuit to settle, you can run the risk of being unprepared to try a case. Trial can be necessary to help you recover the compensation you deserve.

Preparing for trial includes, but isn’t limited to: 

At Breit Biniazan, our Virginia personal injury attorneys treat every case as if it will go to trial. We only consider a settlement if it’s the right option for that particular case. 

Next Steps to Bring a Sexual Abuse Lawsuit

If you know someone who has suffered from sexual abuse, you know the harm can linger like an invisible wound. The effects of sexual abuse can endure for years, resulting in lost relationships, jobs, opportunities, and even a loss of hope. 

Sexual abuse has the power to injure just like any physical hurt.

If the authorities don’t bring charges against your abuser, you still have the power to bring charges in a civil courtroom. 

At Breit Biniazan, we’ve helped over 100 sexual abuse survivors sue their attackers. If you need to consult an attorney with experience in this area, or just have your questions answered, we’re here to help. Get in touch today to learn more about your options.

To set up a free consultation, contact us online or call us at (855) 659-4457.