Legal Question in Personal Injury in California

Parental Mental, Emotional and Physical Abuse Caused PTSD; Disabled (now) Adult

From the age of about four through 17, I was abused physically, emotionally and verbally. At the age of 14 or 15, I began to have graphic flashbacks about the abuse.

There is almost no way for me to prove that he hit me; when hitting, he would use his palm to leave fewer bruises, and when I was bruised, the largest was ever only a few fingerprints. He was also very careful to only beat me when my mother was nowhere in site. However, she knows of the other abuses I suffered.

Now, I am 21. Because the abuse went on for so long, and at such a young age, I continue to lose memories. Past perhaps 6 months, I forget things. Every 1-2 years, I ''relapse'' in the form of a breakdown; I will have trouble sleeping, have violent nightmares, will be unable to concentrate. For this, I have lost three jobs and been kicked out of school. I have been found by the state of California to be permanently disabled, and am now on SSI and State Disability.

I have little interest in money. But there is nothing I would like more than to show him what he's done to me, and that it is truly his fault. I would like to know not whether i can FILE a suit, but whether I could win and what I would need if I were to file a lawsuit.

Thanks.


Asked on 9/13/05, 7:26 am

2 Answers from Attorneys
Aaron Davis Law Office of Aaron M. Davis

Re: Parental Mental, Emotional and Physical Abuse Caused PTSD; Disabled (now) Ad

First of all, there are no guarantees as to the outcome of a lawsuit. That is especially true when it is a case of two persons with different stories. Then it often comes down to who is more believable, what possible motives there are on each side, and what other evidence is available. Did you speak with anyone about the abuse - friends, relatives, therapists, teachers - either during or after it occurred? Obviously, this would help a great deal.

The second issue to address is what you hope to get out of a lawsuit. Most attorneys will shy away from a client who has personal reasons for filing a lawsuit, because the bottom line is that usually all a lawsuit will get you is money, and that is assuming the defendant has any. As you undoubtedly know, money will not solve most of the problems you describe.

I am very sorry for the horrific events you've described. If you would like to further discuss the filing of a lawsuit, please contact me, though I cannot assure you what the outcome would be, nor whether I would be able to represent you in filing such a lawsuit.

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Answered on 9/14/05, 3:34 pm
Terry A. Nelson Nelson & Lawless

Re: Parental Mental, Emotional and Physical Abuse Caused PTSD; Disabled (now) Adult

Assuming you can prove your story and facts, and are not past the Statute of Limitations for filing, the next issue is whether this person has any financial assets worth going after. Lawsuits are about recovering money. If there is none available for a judgment or settlement, there is no point an attorney filing. Your medical records and witnesses may be able to prove the abuse. Contact me if interested in pursuing whether there is a case potential.

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Answered on 9/26/05, 9:40 pm


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