Thursday, January 06, 2022
I am presently representing a defendant in a Child Victims Act matter, somewhat of a departure for me. I don't mean to suggest for a moment that the sexual abuse of children is anything but horrible, but the sheer number of these cases is staggering. The lawyers who are representing the plaintiffs (I have represented plaintiffs in these sorts of matters myself once and a while) frequently seem to be over-valuing the damages potential- many, many of the plaintiffs appear to have dealt with the trauma successfully, and I get the sense that a fair percentage of the plaintiffs and their lawyers are opportunistically looking to collect on the tort de jour. I don't doubt that most of what is claimed happened, and I also believe that it was harmful to the victims- but I wonder about the quantum of damages, and once again I am forced to wonder if quantum correlates with the ability of the defendant to respond in damages.