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Pass statute of Limitations, w/ circumstances can I press charges? Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by chlonlay, Feb 7, 2010.

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  1. chlonlay

    chlonlay Law Topic Starter New Member

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    I am familiar with the Statute of Limitation however here is my situtation. I am 34 years old and when I got injured I was 9 months. I was dropped as a baby and fell into a coma that resulted with me suffering from Seizure disorder all these years. My parents never told me who dropped me as a child (according to them, it was to my best interest) and just last month a relative of mine was over my house and out of the blue she made a comment about her brother dropping me when I was a baby. This shocked me and I confronted my parents who admit that it was her brother(my cousin) who is alive and well that dropped me. I all a long was told it was a relative who has passed away so there was nothing I could do to find this person and/or press charges. Now, since I discovered who really did injure me (just last month) what can I do to practice my rights? Is there anything due to the circumstances that would opt out the statute of limitation law?
     
  2. jharris352

    jharris352 New Member

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    Why on earth would you want to sue a family member for an ACCIDENT that happened over 30 years ago? Even if you prevail do you really want to sue your family member for money? What are you trying to prove? No one did anything to you on purpose, suing them will not change your situation in the least, you are unlikely to collect any money, and you are only going to make enemies.

    So please tell me, what is the point?
     
  3. chlonlay

    chlonlay Law Topic Starter New Member

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    JHarris352,

    Are you a lawyer and if so what kind? I don't have a relation with the person who dropped me, in fact I never did and now I understand why. According to my mother, she has always resented him and he distanced himself from me and my family because of what he has done. Not once has he ever come to me or my family and asked if he can help out with the medical bills that went up the ladder all these years, not once has he visited me when i was admitted into the hospitals. He has no guilt for what he caused to me and my family and if he did, he would of had some compassion by never running away from us and offering to help me out with my medical bills. There is more reasons to sew him then to not. This would be for justice and as far as him being a "family member", I don't consider him as one and whether i sew him or not, it will never change the status of our relationship throughout these years that I always questioned and now, i've got the answer. He was a selfish son of a bit@ and should pay for what he did even if it was an ACCIDENT. He comes from a family who sews each other, so you really don't know who your talking about so please save your time and if you wan't to respond, respond with answers that are more useful for me. Thanks!
     
  4. Proserpina

    Proserpina Moderator

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    Why do you believe you will be able to recover money from this person, for an accident?
     
  5. chlonlay

    chlonlay Law Topic Starter New Member

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    Proserpina,

    That's the reason why I posted my Q's in this forum to get answers to questions like the one you just asked me. I don't know if I can or cannot sue him to gain anything. I thought this is a forum where I can get such answers but apparently it's not.
     
  6. Proserpina

    Proserpina Moderator

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  7. chlonlay

    chlonlay Law Topic Starter New Member

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    Thanks, I will check that out.
     
  8. jharris352

    jharris352 New Member

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    At least I can spell the word "sue." Yes I am an attorney. I was being serious.

    You have several problems if you are being serious:

    1. I can not imagine that you will be able to bypass the Statute of Limitations.

    2. Does he have any money to recover?

    3. You would have to pay an attorney to prosecute this case unless this man is loaded. It's a long shot and no attorney will take it on a contingency.

    4. Even though you have been seriously injured, and I sympathize with you in that regard, you are going to have a problem with the jury seeing you as being greedy. (In my opinion.)

    5. If you want to go to it, just understand you are unlikely to recover money or to have an attorney who wants to take the case unless you have 10-15k to pay them. If they do take it, they are being unethical because they know you are wasting your money and they are taking advantage of you.

    If a corporation dropped you, or someone associated with "deep pockets" you could probably sue. The SOL would still be a major problem.

    I'm sorry if you don't like the opinion with the advice, but that's what you get with FREE ADVICE. You get opinions. Good luck.
     
  9. chlonlay

    chlonlay Law Topic Starter New Member

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    Ok, I realized later that I misspelled "sue" but I didn't know that I was writing to an English professor here. This is a personal injury forum right? Let's stick to it and not criticize anybody for their spelling.

    Yes, he is a very well off man with "deep pockets" who owns a lot of franchise businesses and properties in CA and different states. I guess that would not matter if I wouldn't be able to get by the SOL even if we consider that I did not discover who it was until just a month ago. If I knew and I wish I did back when I was 18 years old, I would have pressed charges.
    In my opinion, that would not be greed. If this man was at least compassionate and sorry for what he has done to me and showed me even an ounce of sympathy over the years (as he's had so many opportunities) I would not consider suing him.

    I could afford to pay an attorney thats not a big deal to me. This is more about facing the matter myself and because of his lack of sorrow for all these years that he had the opportunities to come forward, face his issues and tell me "i'm sorry" instead of avoiding me, I want to seek justice. If I can't do it through the legal system, I still will comfront him one of these days and I'll feel better then leaving this alone and act like he had nothing to do with the pain and suffering he caused.

    You mentioned in your sentence before the last, that if he has "deep pockets" I could probably sue but the SOL would still be a major problem. Are you saying that its not absolutely impossible anymore?
     
  10. jharris352

    jharris352 New Member

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    It is probably not impossible. Look into the laws that allow adults to sue for acts of molestation done to them as children. There are special SOL conditions for those. This may be able to slip in under those laws.
     
  11. chlonlay

    chlonlay Law Topic Starter New Member

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    whats the best way to search for the top attorneys in California besides calling a referral line? Also, how can I be certain that he/she is the top attorney? What do I ask and search for when looking for one? I know this man can afford a really good attorney so I must be prepared. Thanks
     
  12. PILawGirl

    PILawGirl Moderator

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    type "top attorneys in California" on Google. Tell Mark, Roger, Gloria, etc. I said hi.
     

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