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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88119
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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i need to sue my dad for molesting me when i was a kid.

Resolved Question:

i need to sue my dad for molesting me when i was a kid.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. What exactly are you asking here:

1) How to find an attorney?
2) What the statute of limitations is?
3) How does a lawsuit like this work?
4) Can I do this without an attorney?

Or, something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

I need to find an attorney. This all happened in CT. i'm 32 now. He was arrested when i was nine. I lied and said it never happened because my mother and sister would have to go to a shelter if i didn't because he controls the finances. He has admitted to my mother that it has happened, but lied to everyone else. I want to know what I can legally do. How does this work?


Thank you so much

Expert:  Ely replied 1 year ago.
Thank you, R.

Before I proceed, please note:

1) JustAnswer experts cannot represent customers as clients;
2) Nor can we refer you to specific attorneys because of ethical considerations.

However, I can explain what your options are and help you find an attorney for you using a third-party referral service, and tell you how to "vet" them to make sure that they are right for you.

I can also possibly provide some links to low cost / pro bono counsel in the state.

Is this acceptable?
Customer: replied 1 year ago.

Yes thank you so much !

Expert:  Ely replied 1 year ago.
R,

Okay. Apologies in advance for the momentary wait while I am typing out the answer...
Expert:  Ely replied 1 year ago.
How a Lawsuit Works
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

In Your Case
Here, this may include the following causes of action:

1) civil assault and battery;
2) false imprisonment;
3) intentional infliction of emotional distress; and
4) negligence per se.

Statute of Limitations
Actions can be initiated within two years of the date of the "reasonable discovery" of the "injury and its causal relationship to the act of sexual abuse." § 2A:61B-1. This means that one would have to file within 2 years of "reasonable discovery," which can include individuals that have "repressed" the memories until they re-surfaced, etc. This allows for a very subjective statute of limitations which may often be pushed through.

Finding an Attorney
May I recommend the NJ Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88119
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Family Law Specialists are ready to help you

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