Can You Sue Parents or Relatives for Childhood Abuse and Trauma?

Legal options are available for those seeking justice for childhood sexual abuse, physical abuse, or severe emotional trauma as an adult. Whether the conduct happened decades ago or criminal charges were filed, you may be able to file a civil lawsuit, with remedies including financial compensation and injunctive relief.

If you or a loved one needs to pursue legal action against those who are responsible for childhood abuse and trauma, contact an experienced local personal injury attorney. They can provide the legal guidance you need to determine your next steps.

Who May Be Held Liable for Childhood Abuse

When a child experiences abuse, especially at the hands of family members or institutions meant to protect a child, it can leave lasting physical and emotional scars. With the passage of time, adult survivors often ask whether the law can hold wrongdoers legally accountable for the abuse.

Depending on the facts, there could be several potentially liable parties for childhood abuse and trauma.

Parents, Relatives, Guardians, or Caregivers

Parents or relatives who engaged in childhood abuse may be liable for a variety of civil claims if they were responsible for the abuse. In some situations, parents, relatives, guardians, or caregivers can be held liable even if they did not engage in the abuse.

Certain individuals owe a duty of care to children in their care. A non-abusing adult may face liability if they owed a duty of care to the child but breached that duty.

Institutions That May Be Liable

Possible institutional defendants for childhood abuse and trauma cases include schools, churches or religious organizations, foster care agencies, camps, and sports organizations, to name some examples.

Institutional liability often turns on whether they:

• Hired or kept dangerous people employed in a role that had contact with children
• Ignored red flags in the accused’s background or prior complaints
• Failed to supervise
• Concealed abuse
• Violated mandatory reporting laws required under state law
• Created conditions that made abuse foreseeable

An attorney specializing in personal injury law can help determine all the potentially responsible parties in your case.

Common Civil Claims for Childhood Abuse and Trauma

Although the civil claims available for individuals who experienced abuse at the hands of parents, relatives, or institutions vary, they may include assault, battery, intentional infliction of emotional distress, or negligence.

Bringing a successful personal injury claim against non-abusing parents or other relatives can be more difficult than bringing a claim against a parent or relative who engaged in the abuse. The issue usually turns on whether the individual had a legal duty and breached that duty, which led to the plaintiff’s damages.

Some of the duties or failures could include the following:

• Knew or should have known about the abuse
• Ignored red flags that made it clear that abuse was occurring
• Left the child in a vulnerable or dangerous situation
• Actively enabled access to the child
• Intimidated the child into silence
• Failed to get the child medical or protective help

Liability would be stronger where there is evidence of these failures. The claims available in any given case depend on the facts of the specific case and the applicable state law, which can vary widely.

Statutes of Limitations in Childhood Abuse and Trauma Cases

The statute of limitations determines how long a plaintiff has to bring a particular case. In childhood abuse cases, however, the rules can operate differently from other personal injury cases.

The deadline usually depends on:

• The jurisdiction
• The type of abuse
• The type of defendant (for example, an institution or individual)
• Whether special revival laws apply
• When the survivor discovered the connection between the abuse and harm

Traditional Rule vs. Extended Deadlines for Child Abuse Claims

Historically, in many states, the clock started running when the survivor turned 18, and the law set a fixed number of years to sue.

Many states now allow extended deadlines for childhood sexual abuse, and, in some places, severe physical abuse. Some allow claims into the survivor’s 30s, 40s, or beyond.

Delayed Discovery Doctrine in Child Abuse Claims

Under the delayed discovery doctrine, the statute of limitations period can be delayed until the plaintiff discovers (or should reasonably have discovered) the abuse itself, or the causal link between the childhood abuse and the current depression, post-traumatic stress disorder (PTSD), or other psychological injury.

This matters in cases involving:

• Repressed memory
• Trauma-related delayed understanding
• Grooming
• Dissociation
• Later diagnosis connecting symptoms to abuse

When such facts are present, the survivor may not have realized they had a claim until many years after the abuse occurred. Court decisions on the delayed discovery doctrine vary widely. Some accept delayed discovery more than others, and still others require expert testimony to support the assertion.

Tolling: Delaying the Statute of Limitations Clock

The legal concept of “tolling” pauses or delays the statute-of-limitations clock. It may apply for several reasons, including:

• Minority status (being under 18)
• Mental incapacity in some states
• Fraudulent concealment
• Intimidation or duress
• Defendant absence from the state in some jurisdictions

Tolling can apply in a wide range of cases; it allows plaintiffs to bring cases that would otherwise be barred because they were filed too late.

Lookback Windows and Revival Statutes

Lookback windows and revival statutes can be especially important in childhood sexual abuse cases.

• A lookback window allows cases to be filed that were previously time-barred. These windows allow cases to be filed regardless of how long ago the abuse occurred. These windows may last months, a year, or even several years.
• A revival statute reopens claims that had previously expired under older limitations rules. The window can be temporary or more permanent. Revival statutes can apply differently to individual abusers, private institutions, or public entities. They come with special rules on notice, damages caps, and sovereign immunity issues (for public entities).

In all, a survivor may still have a viable claim even many years after the abuse occurred. Individuals impacted by childhood abuse and childhood trauma should not assume that it’s too late to file a claim without a personal injury lawyer with experience in childhood abuse cases reviewing the facts.

State Age Limits, Statute of Limitations, and Revival Windows

Jurisdiction	Age Limit Cut-Off and Statute of Limitations	Lookback Revival Windows	Child Sexual Abuse Statute of Limitations
Federal	No age limit	Permanent	18 U.S.C. § 2255
Alabama	Age 21	None active	Ala. Code § 6-2-38
Alaska	No age limit	Permanent	Alaska Stat. § 09.10.065
Arizona	Age 30 (or 3 years after discovery)	Expired (2019)	A.R.S. § 12-514
Arkansas	Age 55 (or 3 years after discovery)	Expired (2021)	Ark. Code Ann. § 16-118-118
California	No age limit	Permanent	Cal. Civ. Proc. Code § 340.1
Colorado	No age limit	Permanent	Colo. Rev. Stat. § 13-80-103.7
Connecticut	Age 51	Expired (2021)	Conn. Gen. Stat. § 52-577d
Delaware	No age limit	Permanent and retroactive	10 Del. Code Tit. 10 § 8145
Florida	Age 25	None active	Fla. Stat. § 95.11(8)
Georgia	Age 23 (or 2 years after discovery)	Expired (2021)	Ga. Code § 9-3-33.1
Hawaii	Age 26 (or 3 years after discovery)	Expired (2016)	Hawaii Rev. Stat. § 657-1.8
Idaho	Age 23 (or 5 years after discovery)	None active	Idaho Code § 6-1704
Illinois	No age limit	Permanent	735 ILCS 5/13-202.2
Indiana	Age 25	None active	Ind. Code § 34-11-2-10
Iowa	Age 19 (or 4 years after discovery)	Expired (2021)	Iowa Code § 614.8A
Kansas	Age 31 (or 3 years after criminal conviction)	None active	Kan. Stat. Ann. § 60-523
Kentucky	Age 28	Expired (2023)	Ky. Rev. Stat. § 413.249
Louisiana	No age limit	Permanent	La. Rev. Stat. § 9:2800.9
Maine	No age limit	Permanent	14 Me. Rev. Stat. Ann. § 752-C
Maryland	No age limit	Permanent and retroactive	Md. Code, Cts. & Jud. Proc. § 5-117
Massachusetts	Age 53 (or 7 years after discovery)	None active	Mass. Gen. Laws Ch. 260, § 4C
Michigan	Age 28 (or 3 years after discovery)	Expired (2018)	M.C.L. § 600.5851b
Minnesota	No age limit	Permanent	Minn. Stat. § 541.073
Mississippi	Age 21	None active	Miss. Code Ann. § 15-1-49
Missouri	Age 28 (or 3 years after discovery)	None active	Mo. Rev. Stat. § 537.046
Montana	Age 27 (or 3 years after discovery)	Expired (2021)	Mont. Code Ann. § 27-2-216
Nebraska	No age limit	Permanent	Neb. Rev. Stat. § 25-228
Nevada	No age limit	Permanent and retroactive	Nev. Rev. Stat. § 11.215
New Hampshire	No age limit	Permanent	N.H. Rev. Stat. Ann. § 508:4-g
New Jersey	Age 55 (or 7 years after discovery)	Expired (2021)	N.J.S.A. § 2A:14-2a
New Mexico	Age 24(or 3 years after discovery)	None active	N.M. Code § 37-1-30
New York	Age 55	Active through July 2027 (New York City)	N.Y. Civ. Prac. Law § 214-g
North Carolina	Age 28	Expired (2021)	N.C. Gen. Stat. § 1-17
North Dakota	Age 36	None active	N.D. Cent. Code § 28-01-25.1
Ohio	Age 30	None active	Ohio Code § 2305.111(C)
Oklahoma	Age 45	Expired (2021)	12 Okla. Stat. § 95(A)(11)
Oregon	Age 40 (or 5 years after discovery)	Expired (2010)	Or. Rev. Stat. § 12.117
Pennsylvania	Age 55	None active	42 Pa. Cont. Stat. § 5533
Rhode Island	Age 53 (or 7 years after discovery)	Active through June 2028	R.I. Gen. Laws § 9-1-51
South Carolina	Age 27 (or 3 years after discovery)	None active	S.C. Code Ann. § 15-3-555
South Dakota	Age 21 (or 3 years after discovery)	None active	S.D. Codified Laws § 26-10-25
Tennessee	Age 33 (or 3 years after discovery)	Expired (2021)	Tenn. Code Ann. § 28-3-116
Texas	No more than 30 years after abuse	Expired (2021)	Tex. Civ. Prac. & Rem. Code § 16.0045
Utah	No age limit	Permanent and retroactive	Utah Code § 78B-2-308
Vermont	No age limit	Permanent and retroactive	12 Vt. Stat. Ann. § 522
Virginia	Age 38	None active	Va. Code § 8.01-243
Washington	No age limit	Permanent	Wash. Rev. Code § 4.16.340
Washington, D.C.	Age 40 (or 5 years after discovery)	Expired (2021)	D.C. Code § 12-301
West Virginia	Age 36 (or 4 years after discovery)	Expired (2023)	W. Va. Code § 55-2-15a
Wisconsin	Age 35	Expired (2005)	Wis. Stat. § 893.587
Wyoming	Age 26 (or 3 years after discovery)	None active	Wyo. Stat. § 1-3-105

Evidence To Prove a Childhood Abuse and Trauma Case

A preponderance of the evidence standard usually applies in civil cases. This means that you must prove that it is more likely than not that the abuse occurred. That is a lower standard than criminal proof beyond a reasonable doubt, but evidence still matters.

The types of evidence that will support a case for childhood abuse and trauma against parents or relatives can involve survivor testimony. This type of evidence is usually central to the case. Other types of evidence can include the following:

• Contemporaneous disclosures such as diary entries, texts, emails, writings to others
• Medical and mental health records, including psychiatric evaluations, therapy records, records of injuries, dissociation, PTSD, depression, anxiety, substance use, eating disorders
• School and employment records, including incident reports, disciplinary files, and HR records
• Witness testimony, including that from siblings, friends, teachers, clergy, coaches, neighbors, former partners, and counselors
• Government records, including police reports, child protective services reports, licensing investigations, prior lawsuits, and criminal plea documents
• Expert evidence that may explain trauma responses, delayed disclosure, grooming, or the causal connection between the abuse and current harm

Bringing a case and collecting the right evidence to support it are critical. At the same time, you must weigh privacy and confidentiality considerations.

Privacy Issues in Childhood Abuse Cases

The particular privacy protections that may apply and be available in any given case depend on the facts and the jurisdiction. Potential privacy protections may include:

• Filing under a pseudonym
• Protective orders
• Sealing certain records
• Limiting disclosure of therapy or medical records
• Confidential mediation or settlement terms
• Redacting identifying details in court filings

These privacy protections may be available, but they are not absolute. Filing a lawsuit can require disclosing sensitive information, especially if you claim emotional distress damages. A lawyer can help narrow disclosure and protect privileged information as much as possible.

Potential Damages That May Be Available

Although nothing can take away the tragic events leading up to a lawsuit for childhood abuse and trauma, financial compensation may be available. Depending on the jurisdiction and the particular facts of the case, a plaintiff may seek non-economic and economic damages for the following:

• Pain and suffering
• Emotional distress
• Medical costs for therapy and other medical bills
• Lost wages or diminished earning capacity
• Loss of consortium
• Loss of enjoyment of life
• Punitive damages against intentional wrongdoers to punish and deter other wrongdoers

In institutional cases, damages may depend on the scope of negligence, notice, cover-up evidence, insurance, statutory caps, and whether the defendant is public or private.

For adult survivors of childhood abuse and trauma seeking justice through the legal system, the biggest hurdle is often timing. Still, several legal mechanisms can keep a claim alive for years.

Laws vary by jurisdiction and defendant type, so it is critical to have an experienced personal injury attorney review your case and explain your legal options.

Consult a Personal Injury Attorney for Help

Considering whether to bring a legal action against a parent or relative for childhood abuse and trauma is a weighty decision. Still, help is available as you consider your options.

Getting legal advice from a local personal injury attorney experienced in child abuse claims can make all the difference in your case. They can investigate the claim, help preserve evidence, and identify all potentially responsible parties.