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  1. #1

    Default Statute Of Limitations On Mental Anguish From Child Abandonment

    Could I file civil suit against my father and his assets for leaving me at someones house at the age of 17? He just dropped me and my stuff off and said 'see ya'. He gave me $250 as if to think that would make it OK, it certainly does NOT!!! That mere $250 does NOT pay for the permanent emotional damages I have sustained. Those people he dropped me off with grew tired of me about 30 days later and kicked me to the street. I spent 2 years of my life on the street, and 1 year living in an abandoned house. he is guilty! and I want damages. I am now 24 so it has been 7 years. A more unexperienced attorney said he doesnt think I can win due to statute of limitations - but I KNOW deep inside that I have been wronged, and there must be SOMETHING that can be done. I have suffered extreme emotional and mental anguish stemming from this. I just today realized this injury. my life is unliveable.. I am a wreck from it. I have read that in certain instances of child sexual abuse that it is possible to overrule the statute of limitations, what about child abandonment? What if I could say my disability and lack of knowledge of the law prevented me from knowing to file a claim? I was so lost and I had no clue about this until today, I realized the damage has been done due to his abandoning of me. This realization came due to the following facts: 1) He gave my sister preferred treatment, got her a vehicle and sent her to school. 2) When I brought this up to him, he absolutely refuses to assist me in life at all. He is a true dead beat and something MUST be done to collect for these damages. You cant just leave your son on the street like that, causing his life permanent suffering - treat a sibling like royalty, and expect to get away with it. I know there is some sort of technicality or x v. y precedent somewhere that can win me a settlement. Please assist - serious replies please. I would be able to pull sworn witnesses to this act of child abandonment as well!

    The people that he dropped me off with will agree to stand as witness to this( I may have to break them off part of the settlement, however ). Any information on how child abuse/neglect + disability affects statute of limitation law is very much appreciated, I know in my heart there has to be justice for this!

  2. #2

    Default Re: Statute Of Limitations On Mental Anguish From Child Abandonment?

    apparently expertlaw.com says there is a discovery rule that applies if it can reasonably be established that I discovered the injury later in life, which I just realized TODAY. The reason I realized it TODAY is because he will not help me in any shape or form, and told me this in his word with an email sent to me. I also realized it because, I was told by a good friend of mine that I should consider suing him, and that this isnt right for a human being to do their child. I had no idea I could really sue him until today, it all dawned on me and clicked. IT makes total sense. I am very sure this is the only way justice will be served and my life will be returned to a normal functional state.

    Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. This is child abandonment which is a form of abuse, and according to what I have read out there, 'child sexual abuse' can eliminate or greatly extend statute of limitations - can child abandonment too? there are several witnesses to this act of irresponsibility, and I want justice served!

  3. #3

    Default Re: Statute Of Limitations On Mental Anguish From Child Abandonment?

    more facts:
    Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. This is child abandonment which is a form of abuse, and according to what I have read out there, 'child sexual abuse' can eliminate or greatly extend statute of limitations - can child abandonment too? there are several witnesses to this act of irresponsibility, and I want justice served!

    Due to my mental disability, adapting to this situation and trying to live my life as a normal person would has been quite tragic and stressful. I have had many run ins with law enforcement, where I was unable to stand up for myself - not being on the street in general would have AVOIDED these encounters. As previously stated, 2 years of my life were spent on the street before someone actually helped me find a job and taught me WHAT MY PARENTS NEVER DID. My father bought himself a $100k+ RV and paid for my sister to go to UCSD, also paid for her to have a new vehicle. It has taken a very serious toll on my mental health. Bottom line is, I am in serious pain, every day, I either cry or come close to the point of crying because of this injustice. I am not overreacting or being dramatic here, I am being truthful and honest. Life feels so hopeless and I am in extreme pain. SOMETHING MUST BE DONE!

  4. #4

    Default Re: Statute Of Limitations On Mental Anguish From Child Abandonment?

    What state are you in, and where was your mother during all of this?

  5. #5
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    Default Re: Statute Of Limitations On Mental Anguish From Child Abandonment?

    "Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. "

    Due to the fact that you were able to get on the internet, find this website, do research for this post, and organize your thoughts in a coherent and logical order - I think any litigator would be able to prove you are quite capable and competent.

  6. #6
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    Default Re: Statute Of Limitations On Mental Anguish From Child Abandonment?

    Quote Quoting 525601minutes
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    "Due to the fact I suffer from a mental disability it can be argued that I am incapable of being expected to know these laws and I cannot be expected to know 1) how to file a claim 2) when to file a claim or 3) anything even involving civil litigation in general. "

    Due to the fact that you were able to get on the internet, find this website, do research for this post, and organize your thoughts in a coherent and logical order - I think any litigator would be able to prove you are quite capable and competent.
    I stand by my comments and again suggest you get psychological help for yourself. I can find nothing in any of your posts to suggest that you have any legitimate cause for legal recourse.

  7. #7

    Default Re: Statute Of Limitations On Mental Anguish From Child Abandonment

    This is in California, once again please disregard the comments that have no bearing on this request for legal advice, thank you

    I have no mother, I was always treated like a bastard child and also ostracized as such. The sister is a half sister w/ his current wife, and they favor her over me. 525601minutes is not qualified to give any sort of legal advice and these statements he is making have no bearing on the civil injustice that has taken place.

  8. #8

    Default Re: Statute Of Limitations On Mental Anguish From Child Abandonment

    Quote Quoting kinesis
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    I have suffered extreme emotional and mental anguish stemming from this. ...my life is unliveable.. I am a wreck from it.
    I am very certain that this is true. No one is negating this, nor trying to undermine that the circumstances you were put in likely contributed to your current state. However, now that you're an adult, and have the benefit of understanding what happened (that you were victimized), you also have the ability and obligation TO YOURSELF to get some professional help in getting some closure so that you can move towards a more positive life. Even if you got a $1 million jury award, you'd STILL have to take this step - so start SOON or NOW. Check with your local United Way - they can point you to resources like group support, counseling, or therapy specifically geared towards the types of victimization you experienced. Again, the legal issues aside, life isn't suddenly going to get better even if you DID win a settlement.

    You might also check out

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