Marietta, GA asked in Civil Litigation and Personal Injury for Florida

Q: I was sexual assault by father when I was younger than twelve. Seeking guidance on civil litigation for restitution

Seeking restitution in cash and real estate holdings

2 Lawyer Answers
Henry George Ferro
Henry George Ferro
  • Ocala, FL
  • Licensed in Florida

A: You should talk to a lawyer in your jurisdiction regarding this case; the second issue is whether the perpetrator has assets and/or insurance to cover the claim.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: So sorry to hear that. I agree with my colleague Mr. Ferro. You posted you inquiry for Fla. attorneys, yet you are writing from Georgia. You should consult an attorney is the State where your father is located. The main issues to examine are (A) proof of the sexual assault (anything beyond your own testimony? ) and (B) determination of assets to collect from Collectibility is not automatic simply because a person has assets, including real estate holdings. For example, if you father is married and has all assets in the names of him and his wife jointly, collectibility would be a problem.

The collectibility question relates to two different issues: (A) whether a lawsuit would be worthwhile to pursue, and (B) whether it would be feasible for an attorney to offer a contingency (percentage) fee arrangement, as opposed to a fee arrangement that would require substantial up-front fees from the client.

Another issue here is the possibility of seeking criminal prosecution, which would be a decision by law enforcement authorities.

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