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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9083
Experience:  since 1983
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We found out about unknown child abuse which caused physical

Customer Question

We found out about unknown child abuse which caused physical damage as an adult -
Is there any legal recourse ?
Submitted: 3 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 3 months ago.

Thank you for your question.

Did this happen in Georgia?

How old is the victim now?

Customer: replied 3 months ago.
Late 30s
Customer: replied 3 months ago.
Was not known until medical review
Expert:  N Cal Attorney replied 3 months ago.

The answer appears to be Yes.

http://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx

states:

"(I) Part 2 of Article 3 of Chapter 12 of Title 16. 64 (2) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced on or before the date the plaintiff attains the age of 53. (d)(1) It is the express intent of the General Assembly that for a period of two years following July 1, 2015, plaintiffs of any age who were time barred from filing a civil action for injuries resulting from childhood sexual abuse due to the expiration of the statute of limitations in effect on June 30, 2015, shall be permitted to file such actions before July 1, 2017, thereby reviving those civil actions which had lapsed or technically expired under the law in effect on June 30, 2015."

You can get a free consultation from some of the personal injury attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Customer: replied 3 months ago.
Physical abuse - not sexual
Expert:  N Cal Attorney replied 3 months ago.

I am sorry I should not have assumed it was sexual.

The statute of limitations appears to be 2 years from discovery:

"Plaintiff's cause of action did not accrue and the statute of limitations did not run against him until he knew or through the exercise of reasonable diligence should have discovered not only the nature of his injury but the causal connection between his injury and the alleged negligence conduct of defendant. See King v. Seitzingers, Inc., 160 Ga.App. 287 S.E.2d 252 (Ga. Ct. App. 1981). "

from

http://www.statutes-of-limitations.com/state/georgia

Customer: replied 3 months ago.
Even if you didn't have knowledge until now? It's not of knowledge ?
Expert:  N Cal Attorney replied 3 months ago.

Yes, that case indicates that the time to sue runs from discovery of the cause of the injury.

I thin you have a case, please follow up on this with a local attorney.

Customer: replied 3 months ago.
Could you provide info on best type of lawyer to review this? I'll review matter with all
Expert:  N Cal Attorney replied 3 months ago.

You need a personal injury attorney.

You can get a free consultation from some of the personal injury attorneys listed by location here.

There are several situations in which the running of the statute of limitations is suspended, or "tolled", see

http://law.justia.com/codes/georgia/2015/title-9/chapter-3/article-5/

so you need to go over all the facts with a local attorney who can advise you.

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