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Can I file lawsuit on behalf of my deceased father?

Medford, MA |

My father's childhood friend recently won a lawsuit against a man who molested him and my father at their bording school. His friend told me that the same thing happened to my father and he has been dead for about 8 years now from an overdose of heroin. This could be the underlying cause of his constant drug use that eventually killed him. I know that is all circumstancial, but do I have any chance of winning if his friend testifies?

Attorney Answers 5

Posted

You really should contact the Attorney who represented your friend immediately. That Attorney is in the best position to give you a meaningful answer. I'm sorry to hear of this situation
Bob
Robert Brenna Jr.
Brenna Brenna & Boyce PLLC
Rochester NY 14614

Bob, Robert L. Brenna, Jr. No relationship is intended, agreed upon or accepted by answering this general question Brenna Brenna and Boyce PLLC Rochester, New York brenna@brennalaw.com

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4 lawyers agree

Posted

This more of a wrongful death, estates or personal injury matter than a child abuse one as it involves questions of statutes of limitations for injury to a deceased person. I suspect the statute of limitations has lapsed and without your father around to testify that it was distress over this childhood victimization that caused him to fall into drug use, the mere fact that you can prove it happened would likely not be enough to make the abuser liable for damages to your father's estate or to you for loss of companionship of your father.

I am sorry for your loss.

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2 lawyers agree

Posted

If am not sure if a claim for sexual abuse survives death. If you father's friend witnessed your father being sexually abused, he is competent to testify. You should promptly talk to an attorney. I recommend talking to the attorney who represented your father's friend. Good luck.

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Posted

It maybe too late.


henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.

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Posted

It may be too late to bring any claim that your father's estate may have had. Before pursuing any claim, you should make sure that your father's estate has been administered with the Probate Court - no one can take action on behalf of your father until someone is named as the Administer of the Estate (granting them powers to act on behalf of your father).

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