Can I sue my adopted parents for physical and mental child abuse? 12 Answers as of December 05, 2011
I want to sue my adopted parents for physically and mentally abusing me as a child. As an adult, I suffer with trust issues, anger issues, relationship issues and I can't keep a job. I was asked why don't I sue my adopted parents and I'm not sure if I can.Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereThe Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You do not say anything about your age or how long ago this was. I suspect that the statute of limitations may have run. Schedule an appointment with a PI attorney and bring whatever records you have.
Answer Applies to: California
Replied: 12/5/2011
Law Office of William L Spern | William Spern
Yes you can sue your adoptive parents for your injuries. Your claim would not be covered by their insurance. Do they have a collectible estate? If not, no reasons to sue if you cannot collect.
Answer Applies to: Michigan
Replied: 12/5/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You did not say when this happened or how old you are now. You have 3 years from the date you reached age 18 to make claims. If a lot of time has passed you may be barred by the statute of limitations.
Answer Applies to: North Carolina
Replied: 12/3/2011
Law Office of Joshua Pond | Joshua Pond
You most certainly can. There is no reason you must remain a victim. It is time to start taking steps toward being whole again and you need to start today. There will never be a day where the slate is wiped completely clean but you can fight to get some sort of compensation that might help enable you to find the right path again.
Answer Applies to: Oregon
Replied: 12/3/2011
Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
The short answer is that you can sue your adopted parents for abuse. However, there are two big hurdles to successfully suing them. The first is proving that it occurred. It is possible that very little of the abusive conduct was witnessed, making it hard to prove that it happened. The second is proving that the conduct was abusive. Obviously any sexual contact is abuse. Repeated injuries are abuse. If the abuse is primarily words, it may not seem so abusive to a jury.
Answer Applies to: Oregon
Replied: 12/2/2011
David F. Stoddard | David F. Stoddard
The statute of limitations for most "torts", including negligence, assault, etc. is three years from the date of the incident. The statute does not run while you are a minor, but you must file the action within one year after turning 18.
Answer Applies to: South Carolina
Replied: 12/2/2011
Michael J. Sgarlat Attorney at Law | Michael Joseph Sgarlat
Unfortunately you can sue anyone. Will you be successful? I don't know. What does your psychiatrist say about your issues. Were they caused by your adoptive parents? How can you prove that? Sounds like a difficult proposition. It may be expensive too.
Answer Applies to: Virginia
Replied: 12/2/2011
Kelaher Law Offices, P.A. | James P Kelaher
Go to Google Scholar and look up the case of Ard vs. Ard, a Florida case back in the early 80's, that deals with intrafamily immunity. There are statutes of limitations, however, and typically for intentional torts it is 4 years.
Answer Applies to: Florida
Replied: 12/2/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
As a plaintiff, you have the burden of proving your case by a preponderance of the evidence. You don't mention any evidence in your statement. You also don't specify exactly what you are alleging your potential defendants did. Normally, you have until three years from your 18th birthday to commence a lawsuit for injuries suffered while a minor.
Answer Applies to: Washington
Replied: 12/2/2011
Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
You can sue your adopted parents for physical and emotional injury, however there is a statute limitations that applies. If you are over 18 years of age you have one year from the date you turned 18 to bring a claim under most circumstances. There are exceptions to this rule however generally if you did not pursue a claim by the age of 19 for injuries that you knew were caused by your adoptive parents when you were a minor the claim will likely be barred by the statute of limitations.
Answer Applies to: Ohio
Replied: 12/2/2011
Law Offices of Michael Stephenson | Michael Stephenson
In California, a civil claim of sexual abuse must be made within 8 years of the age of majority (meaning before your 26th birthday). However, California is one of 28 states that have adopted an extension of the statute of limitations based on the "discovery" of child sexual abuse or its effects. While nearly every state has a basic suspension of the statute of limitations while someone is a minor, many states have recently adopted these new "discovery" extensions specifically designed for cases of sexual child abuse. The discovery rule allows for civil lawsuits to go forward when they are "within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse. This rule was designed to counter the problem of prosecuting molesters who's victims had repressed the memories for decades, long after the statute of limitations expired. Now, upon "discovery" of the memories of abuse (often through therapy), a person has 3 years to file a claim. After the Catholic Church abuse scandals, California also enacted a law that allows for lawsuits against people whom were aware of the unlawful sexual conduct by their "employee, volunteer, representative, or agent", and failed to take "reasonable steps" to prevent it. Upon his discovery of this person or entity, a plaintiff has one year to sue.
Answer Applies to: California
Replied: 12/2/2011
Law Office of Jared Altman | Jared Altman
For one thing there is a thee year statute of limitations (or possibly even one year) that started on your eighteenth birthday? Are you still timely? Second, unless your parents are multimillionaires no lawyer is going to take the case.
Answer Applies to: New York
Replied: 12/2/2011









