Legal Question in Civil Litigation in Colorado

Re: Is it worth taking my dad to court?

A civil action based on a sexual assault must be filed within the LATER of: a) 8 years after the minor's 18th birthday, or b) 3 years after discovery of the assault. I don't know when you turned 18, but I believe you have longer than the end of this year to decide. Litigation is never easy, and that is especially true in these type of cases. You will have to re-live the events, which is obviously an emotionally exhaustive experience. You have to consider what it is that you stand to gain. These types of "torts" are generally not covered by insurance (not like a car accident which is negligence) - so does your father have any money from which a judgment could be satisfied? A lot of time and money can go into a case that in the end pays out little or nothing because the defendant is "judgment proof" (no or little assets). Litigation is also expensive. You may be able to get a contingency fee arrangement (you don't pay fees unless you win), but often even with these fees you are still responsible for costs (filing fees, discovery expenses, experts, etc.). Also you need to consider the long term impact this has had on you and your family. Will it help the healing process, or hurt it; is retribution more important? If your father still has a semblance of a relationship with you and your family, a lawsuit will only strain that relationship - may not matter if there is no continuing relationship. Damages are another factor to consider. What are your damages? Obviously you have emotional damages, but those can be difficult to establish without expert testimony from a treating doctor like a psychiatrist. If you have not treated with a professional, it does not destroy your case, but it will make establishing damages more difficult.

I used to practice in Laramie, so if you want to explore this further, let me know and I will put you in contact with some great lawyers there that I used to practice with.