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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