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Which type of lawyer to contact for suing parents over childhood abuse?

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zerophase

Junior Member
I'm in Illinois, and I've been having a hard time finding someone that practices the civil side of abuse cases. Everyone I've found just practices criminal cases, and the few types of law I've been told to look into (family law) has lawyers that don't bring these cases.

Things have soured, and my parents have threatened to cut me off on resources, as I started confronting them over abusing me in childhood. I just want an apology, honestly. But, it doesn't look like that's not going to come so I'm going to make myself financially whole instead. Does anyone know who I should get in touch for this? Some events happened that are text book definitions of abuse, and I think my dad owes me a large sum of money for it, depending on whether I'm in the statute of limitations or not.
 


Just Blue

Senior Member
I'm in Illinois, and I've been having a hard time finding someone that practices the civil side of abuse cases. Everyone I've found just practices criminal cases, and the few types of law I've been told to look into (family law) has lawyers that don't bring these cases.

Things have soured, and my parents have threatened to cut me off on resources, as I started confronting them over abusing me in childhood. I just want an apology, honestly. But, it doesn't look like that's not going to come so I'm going to make myself financially whole instead. Does anyone know who I should get in touch for this? Some events happened that are text book definitions of abuse, and I think my dad owes me a large sum of money for it, depending on whether I'm in the statute of limitations or not.
Define what kind of abuse you "suffered" from?. How old are you? When did the abuse happen? Did this happen in IL? Was either of your parents charged/convicted for abusing you? Was there ever an investigation by child protection services?
 

zerophase

Junior Member
Let's start with that. In what state do your parents live now, in what state did the alleged abuse occur and how old are you now?
I suffered physical and psychological. Physical is fairly self explanatory. The psychological was more frequent insults, and a strict parenting style that diminished my sense of self worth. (Just frequent hurtful comments that crossed a line, and manipulation) Most of this is documented through psychologists and psychiatrists. This all happened in Childhood and extended into my teen years. Some similar comments continue as an adult.

It occured in Illinois, and my parents live in Illinois. I'm currently 36. I just realized I was abused through therapy. From my understanding it takes a lot of abuse victims a long time to get out of denial. I don't know when the statute of limitations starts ticking in Illinois for this.
 
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Taxing Matters

Overtaxed Member
It occured in Illinois, and my parents live in Illinois. I'm currently 36.
The statute of limitations in IL for personal injury type claims — which is what this kind of claim would be — is two years from the date the particular abuse incident occurred. However, when the plaintiff (you) was a minor when the injury occurred the two years starts to run when you turn age 18. This means that the latest you could have brought the claims for the claimed abuse when you were a kid was your 20th birthday.

Note that generally speaking calling someone names or being what you thought was an overly strict parent is not abuse and wouldn't ordinarily support a good civil claim. Obviously, though, physical attacks and injury are things for which one may successfully sue. So for the stuff that amounts to bad parenting there isn't much you can do. The law doesn't guarantee kids great parents. But you were entitled to be protected from physical harm and serious neglect. But to sue for that physical harm or neglect, it appears you needed to file that claim by your 20th birthday. You might want to ask a personal injury lawyer if there might be anything in IL law that would somehow extended or tolled the statute of limitations (SOL) such that you could bring the suit now, just don't go into that with high hopes since, absent something that's not mentioned on this thread, the answer is likely to be that you are barred by the SOL. Most personal injury lawyers will give you a free initial consultation.

You might find that overall your effort and time is better spent with the therapy than with a lawsuit anyway.
 

zerophase

Junior Member
The statute of limitations in IL for personal injury type claims — which is what this kind of claim would be — is two years from the date the particular abuse incident occurred. However, when the plaintiff (you) was a minor when the injury occurred the two years starts to run when you turn age 18. This means that the latest you could have brought the claims for the claimed abuse when you were a kid was your 20th birthday.

Note that generally speaking calling someone names or being what you thought was an overly strict parent is not abuse and wouldn't ordinarily support a good civil claim. Obviously, though, physical attacks and injury are things for which one may successfully sue. So for the stuff that amounts to bad parenting there isn't much you can do. The law doesn't guarantee kids great parents. But you were entitled to be protected from physical harm and serious neglect. But to sue for that physical harm or neglect, it appears you needed to file that claim by your 20th birthday. You might want to ask a personal injury lawyer if there might be anything in IL law that would somehow extended or tolled the statute of limitations (SOL) such that you could bring the suit now, just don't go into that with high hopes since, absent something that's not mentioned on this thread, the answer is likely to be that you are barred by the SOL. Most personal injury lawyers will give you a free initial consultation.

You might find that overall your effort and time is better spent with the therapy than with a lawsuit anyway.
I could just potentially get a very large settlement.

My understanding is Illinois is slowly increasing the SOL for abuse case, with it being 20 years for sexual abuse. Other types of abuse still need to be adjusted I believe. Thanks for suggesting a lawyer in the proper field.

The stuff that they said would be considered emotional abuse, according to the psychological literature, but I don't believe the law has caught up to research on that. So yeah, the physical stuff would be easier to prosecute, and would be the focus of the case.
 

FlyingRon

Senior Member
While they have extended the civil SOL on childhood sexual abuse to twenty years, in 2012, I haven't seen any movement to expand that.
And even if they were planning such a change, you can't sue until the law changes. What makes you think there's going to be a big settlement anyhow?
 

Just Blue

Senior Member
I could just potentially get a very large settlement.

My understanding is Illinois is slowly increasing the SOL for abuse case, with it being 20 years for sexual abuse. Other types of abuse still need to be adjusted I believe. Thanks for suggesting a lawyer in the proper field.

The stuff that they said would be considered emotional abuse, according to the psychological literature, but I don't believe the law has caught up to research on that. So yeah, the physical stuff would be easier to prosecute, and would be the focus of the case.
Was there any criminal charges against your parents? Any CPS investigations?
 

Eekamouse

Senior Member
I'm in Illinois, and I've been having a hard time finding someone that practices the civil side of abuse cases. Everyone I've found just practices criminal cases, and the few types of law I've been told to look into (family law) has lawyers that don't bring these cases.

Things have soured, and my parents have threatened to cut me off on resources, as I started confronting them over abusing me in childhood. I just want an apology, honestly. But, it doesn't look like that's not going to come so I'm going to make myself financially whole instead. Does anyone know who I should get in touch for this? Some events happened that are text book definitions of abuse, and I think my dad owes me a large sum of money for it, depending on whether I'm in the statute of limitations or not.
Cut you off on resources? What does that mean? You're 36. Shouldn't you be supporting yourself at this age?
 

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