childhood neglect/abuse & the statute of limitations

[Dana1010]

I am so sorry you went through that and hope that you will be able to get some sort of compensation for the situations you were forced into as a child.

It isn't just what happened then -- it's how it has impacted all areas of our lives as adults. This is why I feel like the statute of limitations is so silly in this case. Considering the impact to our lives in the present, it might as well have happened yesterday.

 

[The Albatross]

Respect the statute of limitations and accept that it's there for a reason. Just my take.

 

[Dana1010]

Respect the statute of limitations and accept that it's there for a reason. Just my take.

Um, could you elaborate on this? What sense does it make? It allows people to get away with lousy, unprofessional, harmful behaviors because of the calendar date? What good does that do anyone?

The kids were so effed up and underdeveloped from the neglect and deprivation, they couldn't have been together enough to know they should file suit anyway. They weren't normal 18-year-olds. That's just one reason I can see why the statute of limitations is questionable here.

 

[Sideways]

they couldn't have been together enough to know they should file suit anyway. They weren't normal 18-year-olds.

The statute of limitations for an offence usually begins when the plaintiff reaches the age of capacity (so, if that’s 18, and you have a 3 year limitation period, the person can initiate a claim until they reach 21).

If they continue to lack capacity to bring a claim due to mental illness? The statute doesn’t start until they have sufficient capacity. Some people, due to their mental health, lack capacity for decades. Unfortunately, lack of knowledge that you’re entitled to bring a claim? Isn’t reason to postpone the limitation period in any kind of suit.

 

[Sideways]

I called a lawyer who had made this her sole focus of practice. She dealt with people who had been harmed in care of children’s aid Society homes. She specialized in these types of cases and advertised that way.

If you’re satisfied that she was reasonably comptent at her job? Her advice is more reliable than any advice you’re likely to get here.

I’m sorry you’re in this situation. We don’t need to win in court to recover though. Yes, it would absolutely help, but we don’t need it.

 

[Dana1010]

@Sideways, I think you may be confused ... that is not my quote.

 

[Teamwork]

If you’re satisfied that she was reasonably comptent at her job? Her advice is more reliable than any advice you’re likely to get here.

I’m sorry you’re in this situation. We don’t need to win in court to recover though. Yes, it would absolutely help, but we don’t need it.

Not asking for advice was replying to a question.

 

[The Albatross]

"The attorneys I've spoken to tell me that the statute of limitations is expired and there's no case."

From the opening post. You can elect to attempt a civil matter however unfair the situation may be/have been however really it seems to be that there is nothing to elaborate on.

 

[shimmerz]

Dana - fyi. A video on CPS - Nancy Schaefer, who advocated for an awareness of the type of agencies CPS and CAS/CCAS truly are at the core of it all.

Also, a video on Canada's CAS/CCAS.

It is corrupt. And because it is corrupt there is little to no chance that you will be able to gain a benefit from their accountability for their actions.

Where I was involved in the foster system, which is Ontario, the Ombudsman cannot investigate CAS/CCAS issues. There is no governing body to rein in the CAS.

That's so f*cked up I don't even have words for it.

So no, I don't think that just forgetting about foster care and protective services is a good idea at all. This shit is still happening to children. Pay attention to what is happening to the children today. Get involved.

 

[Dana1010]

@shimmerz, FYI, it is not actually the CAS/CCAS I want to sue. But there certainly were child protection issues involved.

 

[Sideways]

This shit is still happening to children. Pay attention to what is happening to the children today. Get involved.

Love that. Just love it.

 

[hithere]

There is a particular state agency that my parents got one over on when I was a kid. If they were doing due diligence they would have caught onto some extremely messed up stuff that was happening. If they knew about this, the state would have taken us away, probably. They had some policies in place that weren't adequate.

I brought this to their attention recently. I told them I thought my siblings and I should recipient monetary damages for the negligence. They brushed me off and told me to get an attorney.

The attorneys I've spoken to tell me that the statute of limitations is expired and there's no case.

Well, these people ruined our lives, and they could never have got away with it if it wasn't for their shitty, inadequate policies. All they can tell me is the statute of limitations is expired.

Has anyone experienced similar issues? I can't believe there's no recourse available.

I had a therapist once who told me she had a client who'd experienced sex abuse at the hands of a priest. He was somehow able to get the church to pay for his therapy. Where does the statute of limitations figure into that? How did he get around it? Is there any way we can get some kind of out-of-court settlement? Can I find a lawyer somewhere who's willing to take a chance on this case?

depends on each state. I asked an attorney and he dismissed me because he said I wouldn't be able to have solid hard evidence and witnesses. However, another attorney told me to try. The second attorney said adult children sued a few decades later but they lost. In my instance, however, the abuser ADMITTED to some of it, SOOOO I think I do have evidence. Good Luck.