Legal Question in Personal Injury in California

Re: statue of limitations-law suit against child molester

The statute of limitations isn't normally going to be a problem since the child is still a minor. Most causes of action stick around till a certain time after majority (18). And there is a special statute for child molestation that allows lawsuits until quite some time until after majority if some requirements are met.

The greater problem is going to be collecting damages from the perpetrator. Does he have any assets? Substantial real estate? A steady job that can be garnished? Since it's difficult to get insurance coverage for this matter, you have to make sure that there are assets that can be tapped. Finding and collecting assets can be very difficult and very time consuming.

Re: statue of limitations-law suit against child molester

The soonest the statute would run out is on your daughters 18th birthday. Suing someone is a long and drawn out process. You should ask yourself whether or not it is really worth it. If you did win, and you were awarded monetary compensation, does he have any money or assets? If he did have sizeable assets, he could easily hide them. If he did have enough assets to make it worth it, the judgment is dischargable and once he files, poof its gone. His assets would be liquidated, and the creditors paid. Unfortuneately, all other creditors would get paid first, because your lien was added last. I realize that the satisfaction of a victory is worth more than money, but you still have to pay a lawyer to sue him. I just want you to know what is involved before you jump into it. Find a good lawyer in your area, and discuss it with him. Hopefully, he is a good honest lawyer who will tell you everything I just did. If you would like to discuss your case with me further, please feel free to contact my office toll free at 877-546-9918. There is no charge for the consultation. Good luck, if I don't hear from you.

Sincerely,

John Hayes, Esq.