Legal Question in Personal Injury in California

How much can a person sue for child molest is there a certain percentage???

I have a Friend who is seeking damages from a child molester. The molester happens to be her ex-dad. It happened from what I gather about 5 to 7 years ago. Her ex-dad was convicted and served 3 weeks in jail with a misdemeanor charge. It is my understanding that he got 3 yrs probation. My friend would like to know how much money she could be awarded? Is there a general rule? Is there a certain percentage? Her ex-dad makes about 50,000 A year and owns two houses. What might be your best guess??

Thank You,


Asked on 5/14/05, 8:06 am

3 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: How much can a person sue for child molest is there a certain percentage???

She needs to speak to an expert in this area, if you telephone or email I can give you the referral.

Joel

JOEL SELIK Attorney at Law

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CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters

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Answered on 5/16/05, 4:02 pm
Terry A. Nelson Nelson & Lawless

Re: How much can a person sue for child molest is there a certain percentage???

Unless her claim is 'timely' she has no right to sue. She has no more than 2 years to bring suit from the time of the incident, or from her 18th birthday if it occurred when she was a minor. IF she is within that time limit, have her contact me if interested in pursuing. There are no rules or guidelines about value. Every case, every plaintiff and every defendant are different.

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Answered on 5/16/05, 5:30 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: How much can a person sue for child molest is there a certain percentage???

To file a suit, your friend has the later of eight years after she reaches 18 years of age or three years after she discovers or reasonably should have discovered that psychological injury or illness occurring after age 18 was caused by the sexual abuse, but no later than one day before her 26th birthday. Code of Civil Procedure section 340.1.

As to how much your friend can recover, it depends on a number of factors: the severity of her emotional trauma, the nature and extent of the abuse, the limitations it has placed on her life and ability to succeed, its effect on her romantic life, etc. It is difficult to calculate such a claim. Lawyers will often look to published verdicts or consult with others who prosecute such cases to determine what kind of award can be expected.

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Answered on 5/16/05, 6:33 pm


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