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November 27-December 3, 2002 city beat Sue Good
A former personal injury attorney wants to take child abusers to court. Personal injury attorneys have never been mistaken for society’s greatest philanthropists. In fact, mention the words “personal injury attorney” and most folks conjure up images of ambulance-chasing vultures and soulless profiteers feeding off other people’s pain and suffering. Here in Philadelphia, there’s at least one former ambulance chaser who’s out to change that image. Not only has Center City lawyer Lawrence DeMarco turned his back on the lure of huge judgments for slip-and-fall accidents and such, he’s actually dedicated his professional life to helping victims of a different kind. DeMarco has come up with a unique legal remedy for victims of domestic and sexual violence: Sue the insurance companies of the perpetrators. "Most homeowners' insurance policies cover personal or bodily injury arising out of an accident or event in the home," DeMarco explains. "This includes repeated exposure to conditions which result in emotional injuries. I don't think there's anyone alive who doubts that violence or sexual abuse in the home can, and usually does, result in some type of emotional injury, but most victims are not aware that civil action is a viable option." DeMarco says that the claim of negligent or intentional infliction of emotional distress has been largely ignored by the legal community until recently, when the Catholic priest scandals thrust the concept onto the front burner. "Priests have taken a lot of heat lately because of the abuse scandals, but the fact is that most sexual abuse occurs in the home. Usually, the victim doesn't seek therapy or treatment, and the public remains largely unaware there is help out there in many different forms," he says. The reason for the public's ignorance is the ignorance of lawyers, DeMarco reasons. "Family lawyers understand custody issues, but not personal injury. Personal injury lawyers understand civil suits, but not insurance law. Insurance lawyers understand underwriting, but not family law. The law is so specialized, most lawyers are simply not aware of ideas and solutions outside of their particular field of study. When I talk to lawyers about this, the thing that fascinates me is their surprise. Most of them say, ŒWow, I never thought about that,'" he says. Most lawyers don't consider his idea, he says, because it only applies in certain cases, where the perpetrator either owns a home with a policy, or just has deep pockets. The majority of abusers don't have lots of cash, he says, but many own homes. And if the insurance policy covers it, then why not take advantage of it? After all, DeMarco says, the money is for ongoing therapy and counseling for the victim, perhaps even paying for college if the victim is underage. And since victims of abuse rarely get compensated at all, this could provide a means for healing the scars. Frank Cervone agrees. Cervone, the executive director of the Support Center for Child Advocates at 19th and Cherry, is himself an attorney as well as a fighter and advocate for abused and neglected children. The Support Center for Child Advocates teams specially trained lawyers with counselors and social workers to offer free legal and social services to victims and their families, even finding alternative homes for victims and helping children testify in court against their abusers. Cervone says that he's all for DeMarco's idea, and is willing to help. "The idea of civil restitution is not new," Cervone says, "but certainly this idea is. While some may see it as profiting from the victims, it's really another means of seeking justice. Children are as entitled as any injury victims to financial recompense. I don't think it's illicit or seedy in any way to say that the child should be compensated. As a society, we compensate people every day for the pain they suffer in a car accident or a fall in a grocery store, so I think it sounds like a well-reasoned theory." Cervone goes on to state that when his clients fit the requirements, he'll be the first one to tell them about DeMarco's idea. "Victim service providers have an obligation to inform our clients of ways they can recover from their injuries and recoup their out-of-pocket expenses. We'd be doing our clients a disservice if we didn't bring something like this to their attention." DeMarco says that his transformation from a profit-driven personal injury attorney to passionate child advocate is the result of, believe it or not, dating. DeMarco says in dating women, getting to know them over dinner and talking about the past, he was shocked at the numbers of women who were abused as children. "I got the idea from women who told me about their own abuse," he says somewhat sheepishly. "So many people have stories of abuse that resulted in a lifetime of guilt and permanent emotional damage. I decided that I would use my skills as an attorney to help people, as opposed to fighting for an ever-decreasing slice of the personal injury pie. I wanted to give something of myself to society, instead of just calculating how much I can take for myself." The insurance industry may not take to his theory, but DeMarco says that's fine. The clauses are already written into the policies. "This may not sit well with the insurance companies," he laughs, "but there's nothing they can do about it. It's really the same theory as car-accident or slip-and-fall litigation. They'd have to radically change the entire industry in order to stop these cases, and I just don't think that'll happen." He hasn't tried one of these cases himself, but DeMarco says he's really looking forward to his first. Not for the personal aggrandizement, mind you, but to cement the legal precedent. "What's important to me is to educate lawyers, women's groups and child advocates that this avenue is open to them," he says. "That would mean more to me than any amount of money or recognition ever could." 
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