Legal Question in Personal Injury in California

I am 64, iwas foster parent to a 12 yr old girl I thought it was the law that you cant spank children now, my question is can I sue the state because she abused my I have scars on my arms, and now I am blind in my right eye because she pushed me so hard I hit my head into the wall I had to have surgery to repair the retna and the lens while I was healing she did it again and now I am blind in the right eye. hope you can help


Asked on 8/18/10, 3:59 pm

1 Answer from Attorneys

What County do you live in? Some Counties have insurance for damages caused by their foster children. Even if they do not have insurance, you can file a claim with the County that placed the child in your home. If a private agency placed her in your home, they probably have insurance for such personal injuries caused by the foster children.

Go to County Counsel's Office and ask for a claim form. You should retain an attorney to file such a claim. The statute of limitations for filing such a claim is only 6 months, so you need to move on it right away!!! If you do not bring it within six months, an attorney would know how to file a late claim, but you should not sit on your rights. Talk to a personal injury attorney today.

The statute of limitations on torts is 2 years. Pushing is against the law, you can definitely call the police and demand that they prosecute your foster child for her aggression.

You are absolutely right that with your foster children, you must never use corporeal punishment (spank, hit, slap, bite, push, etc.) because you could be prosecuted criminally, lose your foster home license, and you would never be able to work with children again. It is against the law. You may give notice that you want that child removed from your home due to her dangerous and aggressive propensities and the injuries which she has caused you.

Call Attorney Aimee Morris at 619-991-0548.

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Answered on 8/27/10, 8:15 am


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