Can I Sue for Assault and PTSD from My Arrest as a Minor?

Question from Battery victim vs azdoc adobe mountain, Can I Sue for Assault and PTSD from My Arrest as a Minor?

Answer from AI:

Answer:

Can You Sue for the Troubles Experienced?

Understanding the Legal Aspects:

1. Statute of Limitations:

   • The statute of limitations sets a time limit for filing a lawsuit. For minors, the clock typically starts when they turn 18. If the usual limit is 3 years, you would have until age 21. However, since you are now 33, this period may have expired.
   • There might be exceptions if the injury (like PTSD) was not discovered until later. This is known as the “discovery rule,” which could extend the filing period.

2. Government Liability and Sovereign Immunity:

   • Sovereign immunity protects government entities from lawsuits unless they consent. You may need to file a tort claim with the state before suing.
   • There might be exceptions for constitutional violations, such as excessive force by a government official.

3. Emotional Distress and Damages:

   • You may be able to claim damages for intentional infliction of emotional distress or physical injuries leading to PTSD.
   • Ongoing medical issues could be part of the damages claimed, linking the assault to current health problems.

Procedural Considerations:

• Parental Involvement: Since you were a minor, your parents should have been contacted. The absence of this might affect your case, potentially arguing that the statute of limitations didn’t start until you were an adult.

• Case Law and Exceptions: There might be cases supporting lawsuits filed years later, especially if injuries were latent. Consulting a lawyer can help determine if such precedents apply.

Next Steps:

• Consult a Lawyer: A civil rights or personal injury attorney can provide guidance on the viability of your case and necessary steps.
• Gather Documentation: Collect medical records and incident reports to establish a link between the assault and current issues.

Conclusion:

While there are legal complexities, particularly regarding time limits and government immunity, consulting a specialized lawyer is crucial. They can navigate the intricacies and help determine the best course of action.