my child was abused..can i sue for pain and suffering?

[jess111003]

What is the name of your state?What is the name of your state?ohio
my 2 yr old son came home from spending the night at his step sister's and was black from the middle of his back to the back of his legs. her fiance has confessed to "spanking" him and is currently being charged for child endangerment 2nd degree felony. it is now 3 mnths after the fact and my son is still waking up screaming every night, petrified of the dark (before he slept in a dark room), scared of larger men, and was puking up to three days after this happened. i took him back to the hospital for the puking they said it was probably from stress. what i need to know is
1. can i sue him for pain and suffering for my son?
2. if so how much should i sue for ?
3. if he is sent to jail should i file while he is in jail or wait til he is released?

please help

 

[Zephyr]

you should definitely talk to a lawyer about that, if so then you can at least use it to pay for some of the couseling for the child to help him understand why his mommy would allow someone to hurt him so badly. jeez, bruises? that's not a spanking, that's a beating

 

[Just Blue]

What is the name of your state?What is the name of your state?ohio
my 2 yr old son came home from spending the night at his step sister's and was black from the middle of his back to the back of his legs. her fiance has confessed to "spanking" him and is currently being charged for child endangerment 2nd degree felony. it is now 3 mnths after the fact and my son is still waking up screaming every night, petrified of the dark (before he slept in a dark room), scared of larger men, and was puking up to three days after this happened. i took him back to the hospital for the puking they said it was probably from stress. what i need to know is
1. can i sue him for pain and suffering for my son?
2. if so how much should i sue for ?
3. if he is sent to jail should i file while he is in jail or wait til he is released?

please help

Has your son been to a counselor?
If not you should get him to one ASAP.

Yes you can sue...for medical expences and pain and suffering.
Can I ask ...where was the stepsister when this was happening?

 

[pojo2]

You can sue but does he have anything to pay with, or will you be spending money needed for the counceling of the child?

Criminal charges oh hell yes, if things are as you state.

 

[jess111003]

Has your son been to a counselor?
If not you should get him to one ASAP.

Yes you can sue...for medical expences and pain and suffering.
Can I ask ...where was the stepsister when this was happening?

my son is not even 2 yrs old yet, would a counselor really help? i think his stepsister may have been there or known about it i have not seen or spoken to her since everything has been dealt with through the detective and children services

 

[Just Blue]

my son is not even 2 yrs old yet, would a counselor really help? i think his stepsister may have been there or known about it i have not seen or spoken to her since everything has been dealt with through the detective and children services

There are counselors that deal with small children...talk to the Victims Advocate at the Police Dept or the Court .
If his sister was there and failed to protect him...sue her a$$ too! Are the police investigating her as well?

 

[jess111003]

There are counselors that deal with small children...talk to the Victims Advocate at the Police Dept or the Court .
If his sister was there and failed to protect him...sue her a$$ too! Are the police investigating her as well?

believe me i would like too... theyve already investigated her though and dropped it. i don't believe she didnt know but can't prove it

 

[Just Blue]

believe me i would like too... theyve already investigated her though and dropped it. i don't believe she didnt know but can't prove it

How long before your son(?) came home did the assault happen?

 

[jess111003]

How long before your son(?) came home did the assault happen?

he was only gone a little over 24 hours

 

[VeronicaGia]

Sorry but I'm confused. Who actually beat the child? Was it the fiance' of the step-sister?

Also, I'm not sure, but if you sue it would be on behalf of the child, and not your money. What you need to focus on is counseling for the child and feverishly pressing charges against the person who beat your child. Once convicted, you can worry about a civil suit. Too many irons in the fire and all...

 

[jess111003]

Sorry but I'm confused. Who actually beat the child? Was it the fiance' of the step-sister?

Also, I'm not sure, but if you sue it would be on behalf of the child, and not your money. What you need to focus on is counseling for the child and feverishly pressing charges against the person who beat your child. Once convicted, you can worry about a civil suit. Too many irons in the fire and all...

his step sisters fiance is the one who beat him... he goes to court next week to plea, i dont plan on filing a civil suit until after he is prosecuted and sentenced (if i file). if i do file it would definately be for my son i was planning on putting most of it in an account he cant touch til he is 18.
don't get me wrong i would much rather see the guy rot in jail for what he did ...i'm just considering my options if the sentencing doesn't satisfy me.

 

[LdiJ]

his step sisters fiance is the one who beat him... he goes to court next week to plea, i dont plan on filing a civil suit until after he is prosecuted and sentenced (if i file). if i do file it would definately be for my son i was planning on putting most of it in an account he cant touch til he is 18.
don't get me wrong i would much rather see the guy rot in jail for what he did ...i'm just considering my options if the sentencing doesn't satisfy me.

Just remember that suing him would be a wasted exercise unless he has assets that can be attached. If he does, then it could still be a wasted exercise if he ends up spending whatever he has on his attorney.