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 6 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.


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