Florida Juvenile Legal Questions

Your son may pursue a civil lawsuit against the cousin and any third party who owned the home where the abuse occurred. The case against the third party may result in substantial recovery of money if that party had homeowners or renters insurance. The key questions are 1) how old is your son now and 2) where did this incident occur? Florida’s civil statute of limitations includes multiple provisions that may affect the timing for these cases: 1. When the victim is a minor alleging an intentional tort based upon abuse, they can file a lawsuit up to the latest of the following: Seven years after turning 18 years old; Four years after leaving the dependency of the abuser; OR, Four years after discovering the injuries and the link to child sexual abuse. 2. When the victim of child sexual battery was under 16 years old, there is no statute of limitations. Note that the default Florida statute of limitations does apply to child sexual abuse cases IF you are pursuing a party whose negligence caused your injuries. Examples might include a daycare center, church, or other organization that did not use proper care to protect a child from abuse by an employee. My analysis only pertains to civil statutes of limitation and not criminal ones. You should discuss this case in a private phone call with an attorney here in Florida in more detail. ... Read More