I was abused sexually as a child. i was brainwashed most of my life into thinking either,this cant' be true and other ways.The person that did this is now deceased but has an estate(this person was a relative).can i file a lawsuit against the estate? this suit is by no means "frivolous" as this abuse has affected me horribly and i have stacks of psychiatric/pschological records to back it up.
2006-12-27 21:06:17 · 10 answers · asked by chris w 1 in Politics & Government ➔ Law & Ethics
No. Lawsuits are barred against the dead. There are too many cases involving the living to have a bunch of dead defendants on the docket. If you didn't file the case before their death, you cannot bring it now.
2006-12-28 07:24:11 · answer #1 · answered by Aggie80 5 · 0⤊ 0⤋
Unfortunately, you can't sue the estate. Why didn't you settle this before this person died? What you could do is ask the administrator of the estate for consideration for a certain amount. If you have documentation (you say you do), I'd confront your family (if they didn't previously know) and ask them for support in future medical care. I really do sympathize with you, but I don't think you would have a case against an estate.
I would try to move on. I can only imagine your pain, and the anguish you have lived with. You have the makings of being a wonderful counselor to help others that have undergone the same torment as you. Maybe you could warn others to take charge of their lives, be pro-active against child abuse.
Hang in there!
2006-12-27 21:17:15 · answer #2 · answered by gone 6 · 1⤊ 0⤋
Sexual abuse as a civil action would be battery or sexual assault which is a tort. It is an intentional tort, in NY governed by a 1 year statute of limitations. The action does survive the death of the defendant if it was brought prior to his death.
However, the statute of limitations is the main problem; since it occurred when you were a minor, the SL is tolled until the age of majority, 18, and then runs for 1 year.
2006-12-28 00:13:36 · answer #3 · answered by esqmsm 1 · 0⤊ 0⤋
I would think you could file a civil suit. You have to have hard evidence though. Photos of bruises, eyewitness testimony, family willing to talk, etc. Take some of the cases against priest for precedents.
You are going to need more than psych reports. You may have to run discovery on the person from when they were alive, garnng bank records, background checks, etc. Their social security number should be in the Social security death index online. It is called the SSDI.
Hard case, but yes, someone might take it. I am not a lawyer, but I have never heard of a statute of limitations on a civil case, especially one involving child abuse... a criminal case has limitations that are negated by death.
I think you should piss on their grave IMHO. Does a world of good.
Good luck.
2006-12-27 21:31:44 · answer #4 · answered by Etain 2 · 0⤊ 2⤋
Absolutely. However, there may be a problem with the statute of limitations--this will depend on your age, how long ago it happened.
There will also have to be some money in the estate for your to collect. If the estate has been closed and dispered you have a problem unless there was some insurance around (homeowners might apply).
2006-12-27 21:15:08 · answer #5 · answered by beckychr007 6 · 1⤊ 1⤋
It's a bit late don't you think? Why didn't you go after this person when they were alive? I get the feeling that you are trying to justify this strange attempt at getting someone elses money. Plus it's so easy to accuse somebody whose dead isn't it?Your more interested in getting some money instead of getting justice for this alledged abuse. Sorry total thumbs down from me.
2006-12-27 21:14:23 · answer #6 · answered by Anonymous · 0⤊ 1⤋
At this point, the alleged abuser cannot defend himself. That is a legal rule, see - that someone be allowed to answer all civil and criminal charges against them.
So, I would say that the answer is No.
2006-12-27 21:09:42 · answer #7 · answered by Chief BaggageSmasher 7 · 0⤊ 0⤋
1000% sure!!!! And if the B******* have not have been given a lump sum to furnish they could be compelled to pay it for something of their lives in the event that they have too, bcoz the trauma of that abuse will stay with the sufferers for existence. evaluate it signed and larger of luck to you. it somewhat is approximately time the sufferers got here first!
2016-10-19 02:08:37 · answer #8 · answered by goodgion 4 · 0⤊ 0⤋
I woudl have to agree with the first answer. The right to defend yourself in court is a major big deal and likely will kill your case before it even starts.
2006-12-27 21:30:16 · answer #9 · answered by daddyspanksalot 5 · 0⤊ 0⤋
Hello =)
Yeesh..
That's a rough one.
Certain statutes of limitations may or may not apply, depending upon the laws in your state.
I'd suggest a consultation with a lawyer on this one, dear.
Namaste, and Happy New Year,
--Tom
2006-12-27 21:09:57 · answer #10 · answered by glassnegman 5 · 0⤊ 1⤋