I was repeatedly molested by my father until age 18. I'm 27 and am seeking treatment for PTSD. Can I sue him now?

Asked 8 months ago - Greenville, SC

I've been constantly treated for anxiety and depression since I was able to get myself away from my Father. I was recently diagnosed with Complex PTSD from childhood trauma of molestation and abuse. I'm going to be in therapy for a while to treat my PTSD. My last time of abuse was a week before I left his house. I've been dealing with this for 9 years and being ashamed. I was forced to drop out of college when he refused to provide assistance anymore because I wouldn't let him touch me. I've been married to my husband a year now and I want to heal and put this behind me.

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . In your state, SOL is 6 years after victim reaches age of 21 or 3 years from discovery of injury.

  2. Samuel Cohen

    Contributor Level 20

    6

    Lawyers agree

    Answered . Speak with a personal injury lawyer. I think your statute of limitations has passed.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  3. Steven Robert Samples

    Contributor Level 13

    6

    Lawyers agree

    Answered . Get with a lawyer ASAP. Limitations has likely passed, but there are some unusual circumstances that can extend the time period. It's fact-specific, so sit down with a lawyer to discuss.

  4. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . You have a statute of limitations issue in your case. Call a personal injury attorney right away.

    For more information, please visit www.kvatoughlaw.com
  5. Daniel Nathan Hughey

    Pro

    Contributor Level 7

    3

    Lawyers agree

    Answered . You could still file a claim under certain scenarios outlined below. It would all depend on when you were aware of the causal relationship between injuries and the molestation. It does appear you were only "recently" diagnosed, and so there could be an argument that you have three years from the diagnosis date to move forward. See below.

    This is a complicated situation in that a sexual molestation case has its own unique statute of limitations. A statute of limitations sets a timeframe upon which a legal claim must be brought or if will be lost. Typically, this is three years on most civil causes of action (shorter for some, defamation, for instance). That clock doesn't start to run until such time as a reasonable person of common knowledge and experience would be on notice that a claim might exist. The fancy legal word is tolling.

    This is the statute:

    SECTION 15-3-555. Statute of limitations for action based on sexual abuse or incest. [SC ST SEC 15-3-555]

    (A) An action to recover damages for injury to a person arising out of an act of sexual abuse or incest must be commenced *within six years after the person becomes twenty-one years of age* or within *three years from the time of discovery* by the person of the *injury* and the *causal relationship* between the injury and the sexual abuse or incest, whichever occurs later.

    This information is provided for informative purposes only and does not create an attorney-client relationship. I... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,533 answers this week

2,744 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,533 answers this week

2,744 attorneys answering