childhood neglect/abuse & the statute of limitations

[shimmerz]

it is not actually the CAS/CCAS I want to sue.

So do you have private agencies there Dana? I don't think we have that here in Canada. Interesting how geographical locations can change everything. That's why I posted the CAS/CCAS link for Canadians. No idea what happens in Australia or Europe.

 

[Dana1010]

So do you have private agencies there Dana? I don't think we have that here in Canada. Interesting how geographical locations can change everything. That's why I posted the CAS/CCAS link for Canadians. No idea what happens in Australia or Europe.

I suppose we do have private agencies. I am trying to sue a state agency.

 

[Starfire]

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?

Statute of limitations SOLs apply to legal actions. The Catholic church has set up it's own private funds to pay victims. Some have other rule like church picks your therapist. Sometimes priests. Nondisclosure rules etc.

 

[Whirlwind]

He was somehow able to get the church to pay for his therapy. Where does the statute of limitations figure into that?

It likely doesn't...it is an exposure issue. The church has ample reason to be concerned with publicity.

While statute of limitations is binding the only way around is via civil like others have said but I am assuming you are referring to a government agency. These agencies are particularly difficult as they have deep pockets, statue limitations may be specific etc.

Is your interest primarily financial recourse or justice? If the latter have you enough evidence to reach out to a journalist?

I have dealt with government agencies and in one case in particular the lawyers felt we had a strong case. but in conclusion "justice" However it was a costly, tremendous waste of time for everyone and in the end the agency we persevered but the $ penalty means nothing in the big picture and they had zero pressure to make internal changes which was the ultimate goal. We would have been far better served by going to the media and bypassing the legal system (outside of avoiding slander etc).

Re lawyers....use the free consult, local state bar system for low cost referrals and ask the lawyers who they recommend even if they say you have no case. But fact is it sucks but you may not. But if justice is the main "wish" run it by a lawyer and contact some journalists.

At this point I would not talk to the agency, last thing you want to do is give them time to circle the wagons and alert their HR/legal.

Leverage is best served with a heap of surprise, LOL.

fyi I am not a lawyer so just my 0.02

Best, Whirlwind

 

[Dana1010]

Is your interest primarily financial recourse or justice? If the latter have you enough evidence to reach out to a journalist?

It is mostly financial -- but then, I don't see that as necessarily separate from justice. I want to see their policies change, for sure.

How exactly could a journalist help? I certainly don't want to be in the news?

 

[Whirlwind]

It is mostly financial -- but then, I don't see that as necessarily separate from justice.

I would suggest meeting with a few lawyers as you won't always here the same thing. I would mention the potential publicity angle to see what they think if that may provide incentive for the agency to compensate and avoid exposure. Basically threat of publicity they may "buy you off" but they will also grapple with precedence as in if they compensate you...and there are many other folks with similar experiences that opens them up to big problems if they acknowledge culpability.

Even with legal footing it is an arduous process, for both sides that's why 95% of cases settle outside of court. I say that not to dissuade you just to prepare you that in litigation everything is fair game.

But if you can get some free/low cost consults it can't hurt to talk to a few more lawyers and come to them with some ideas. It is also a good idea to come at them with a time line and or a list of evidence you have. Historical documents etc.

It allows people to get away with lousy, unprofessional, harmful behaviors because of the calendar date? What good does that do anyone?

I know, it sucks and it isn't fair but the law isn't always about fairness, it seems to miss the point more often than not. I wish it wasn't this way.

I am trying to sue a state agency

They have deep pockets and statute limitations may be even tighter for them. The only angle may be threat of publicity but you will have some exposure, but you would with litigation as well.

Putting aside the legal hurdles and limitations........how good is your case do you think? You don't need to answer me but ask yourself if you have irrefutable evidence as in documentation or testimony of other than yourself/sib's/family. Like a caseworker?

If you think you do.....proceed to seeing more lawyers.

Good luck,

Whirlwind