Question about timely filing and civil claims...?
I'm looking for tolling exceptions and was just struck by this thought.
How are victims of childhood sexual abuse able to sue (and recover damages in civil court when the filing statute is limited to 3 years for personal injury cases??
Answer:
This happens in the case of recovered memories. When a person goes through the trauma of sexual abuse their mind will "protect them" by not allowing them to remember the abuse. When the memories do return years later, the person then has the option of suing the abuser.
I was in this position and chose not to sue him. I had my sisters to testify to their abuse from him, too. I would have won. However, I could not deal with my recovery, an abusive husband (now ex-husband), five kids, AND a trial.
ASK A LAWYER THEY ALWAYS HAVE A WAY OF DOING THINGS TO MAKE MONEY FOR HIM AND YOU.
The statute of limitations is not always 3 years. There are a lot of exceptions.. like someone said, suppressed memory is one of them (you have 3 years from the time you realize that you were molested.)
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Questions and Answers: