Legal Question in Personal Injury in New York

Re: Past child abuse

It is possible. However, there are some issues to consider. First, if the father elects to fight the case, his lawyer will get to depose the kids as part of the discovery process. This means that the lawyer will get to ask the kids questions, under oath and in front of a court reported, about what happened and how it has effected them. Then, your kids would have to testify in court if the case did not settle. You should consider how the kids would react to all of this. Second, assuming you still want to proceed, you have to determine if it makes financial sense to proceed. The only thing the kids can get from a lawsuit is money. Does the father work or have any assets that the kids could look to satisfy any judgment they may get?

These are issues you should carefully consider.