Can I sue my mom if I was born with obvious signs that she neglected her pregnancy with smoking, drinking and possibly drugs?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue my mom if I was born with obvious signs that she neglected her pregnancy with smoking, drinking and possibly drugs?

Yet I was never taken to get the medical issues fixed. I have suffered with deformational issues, breathing problems, psychological issues and neglect whenever i needed anything. I never got insurances or surgery that I needed and didn’t understand what to do. Now after reading up on things, my problems are bad and I can’t function at all to keep anything in life. She’s also taken my SSI checks from my dad’s death to send me to military school when she married again and I didn’t like my stepfather. I lost over $36,000 that would have at least helped me get a start in life.

Asked on March 9, 2014 under Personal Injury, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a minor wants to wait until he is 18 to file a lawsuit, he usually can. The law will generally toll -- or pause -- the statute of limitations until the minor turns 18. At that point, the child is an adult and has a certain amount of years to file the lawsuit on his own behalf. This is a good option for when the child is in his late teens or doesn't want his parents involved.

But if there isn't a parental issue, or if time is of the essence, a minor can file a lawsuit with the help of his parents. A parent or guardian can file a lawsuit on the child's behalf. The parent is considered the minor's "next friend" and is tasked with representing his interests.

The court can also opt to appoint a guardian ad litem. These individuals, who are often attorneys, ensure that the child's interests are being met. They are generally only appointed when a minor files a lawsuit against his parents, there is a family law issue, or if the judge feels that it is necessary for justice to be met.

Answer: You have the right to sue your mother. Whether you prevailis another matter. I suggest that you consult with a personal injury attorney in your locality. One can be found on attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption