QUESTION
Can I sue DSS for negligence on my adoptive parents background?
Asked on Aug 10th, 2014 on Personal Injury - New York
More details to this question:
I’m currently 33 years old. During my upbringing I’ve dealt with a lot of physical, emotional, and verbal from my adoptive mother. To this day I still receive emotional and verbal abuse. I’ve completed 3 different sessions of anger management in high school, admitted to a psych ward, and did county time all behind this lady. To date, I’ve been in one relationship that only lasted six months and during that whole time I identified with my oppressor, rendering my partner suicidal. I’ve developed social anxiety disorder, haven't had a job since 2005 and have a host of health issues that aren’t hereditary, or suit my lifestyle. As of last 4th of July, I learned at a family reunion from my step father that my mother had psychological therapy in the military. Being that DSS failed to see those records, or maybe over looked them, how can I be compensated so I can no longer be dependent and controlled by my adversary?
1 ANSWER
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First, there is a big statute of limitations problem. You don't state your age when adopted, but it was a long time ago. Possibly, you could toll the statute by reason of the fact that you did not know of their error until recently, but I'd not be optimistic about that. Then, there is the issue of governmental immunity. There are a number of errors and omissions that a governmental agency can get away with that you or I can't. Then there is the matter of causation, that the error on the part of DSS led to your many difficulties. Evne if successful on all these, your life would be in a fishbowl for years: they'd get every record, every document that had anything to do with you for your entire life, and they'd stop at nothing to discredit you. Meanwhile, you'd have to re-live all the inequities you describe.
Answered on Aug 12th, 2014 at 4:55 PM