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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?

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Attorney answers 5


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
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


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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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.


It maybe too late.

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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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