QUESTION
Can I file a personal injury lawsuit if I was abused?
Asked on Nov 09th, 2011 on Personal Injury - New York
More details to this question:
I want to know if anything can be done about being sexually molested over 10 years ago?
10 ANSWERS
3 Awards
Yes.
Answered on Jun 02nd, 2013 at 9:40 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. I think it's too late.
Answered on Jun 02nd, 2013 at 9:39 PM
Assault Attorney serving Richardson, TX
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There can be both criminal and civil proceedings started.
Answered on Nov 14th, 2011 at 12:50 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Possibly. Especially if you were under the age of 18 at the time. Typically the statute of limitations is 3 years from the date of the abuse but, if you are an infant (under age of 18) the statute is tolled until your 18th birthday, so you would have until 21. Also, there may be other ways to extend the statute time for you as well. Go see an attorney and they can sort it out for you.
Answered on Nov 14th, 2011 at 12:47 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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3 years from the date you reached majority (18) if you were under age when this matter occurred.
Answered on Nov 14th, 2011 at 12:36 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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See SC. Code SECTION 15-3-555. Statute of limitations for action based on sexual abuse or incest. (A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced within six years after the person becomes twenty-one years of age or within three years from the time of discovery by the person of the injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later. (B) Parental immunity is not a defense against claims based on sexual abuse or incest that occurred before, on, or after this section's effective date.
Answered on Nov 14th, 2011 at 11:28 AM
If you were a minor, when it happened, probably. You need to speak with a lawyer immediately.
Answered on Nov 14th, 2011 at 9:15 AM
Yes, something can be done under the discovery rule. There are lawyers who practice in this area.
Answered on Nov 14th, 2011 at 8:11 AM
Donna Eugenia Vasilkovs
It depends on the statute of limitations for torts in your state. Most states have a three year statute of limitations FROM THE TIME THE INJURY IS DISCOVERED BY THE PLAINTIFF. So if you repressed it and it recently came out in therapy, for example, you are okay. Many states have a lifetime period for CRIMINAL prosecution of sex abuse cases.
Answered on Nov 11th, 2011 at 11:01 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Find a law firm that specializes in that kind of case. Normally, the Statute of Limitations for an intentional act is one year. But, if you were a minor, that could be extended to age 19. Perhaps there could be a further extension if you were unable to bring the case sooner due to your psychological trauma as a result of the acts perptrated upon you.
Answered on Nov 11th, 2011 at 9:56 PM