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I am concidering filing a civil suit against the man who raped

and molested my siblings and...
I am concidering filing a civil suit against the man who raped and molested my siblings and I as a child. My hopes are to use whatever money that I may be awarded to start a program for children who are or have suffered from the same kind of abuse. I am just concerned as to whether or not it is a good idea to go forward with it; that is to say, Is it a case that I could possibly win? He was incarcerated for what he did to us as well as the children of his previous wife.
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Answered in 12 minutes by:
2/12/2010
JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
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It is certainly worth evaluating with a good personal injury attorney. Initial consultations are normally free and will give you some insight into the strength of your case and likelihood of recovery. It sounds as if your cause of action is sound but that is not the only element to a good lawsuit.

 

You need a good cause of action (you have), damages (again... you have), you must be within the applicable statute of limitations (this may give concerns but many times these can be tolled), and you must have a defendant with sufficient assets to pay the judgment (I have no idea about this defendant's financial status). Once an attorney has evaluated these things they will give you their best opinion on the chances of recovery and the potential expenses of pursuing the litigation. This will enable you and the attorney to determine whether the case is worth pursuing.

 

Get more than one opinion (visit more than one lawyer) and make sure to take all relevant documentation with you to the appointment. This documentation should include the nature of the abuse allegations, any criminal convictions that resulted from the allegations, and any documented evidence of damages (financial, medical, mental).

 

You will not likely be able to sue on behalf of your siblings and will need to involve them in the lawsuit if their damages are to be considered.

 

Please reply if I can help further.

 

________________________

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Customer reply replied 7 years ago
Thank you so much for your prompt response! It is GREATLY appreciated. I know that my little brother is interested as well so that is a plus. I am not currently aware of his(abuser) financial statusat this time. He was released from prison recently. He did violate his probation by not registering for the sex offender list and was seen with children around him under the age of 18 which also was a violation of his probation. We (my siblings and I) have all gone to therapy for years concerning this matter and obviously have intimacy issues as well as trust issues from the situation. I just hate to think of any children having to go through this. That is why my brother and I were considering the civil suit. We really don't want anything out of it other than the possiblility of helping start a program to help others like ourself. Again, thanks so much for your help!!
I wish you the absolute best of luck.
JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
Verified
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