October 31, 2016

Question

I want to know if there is a statue of limitations on the time you can sue the state for injury while in fostercare. I went to the foster care agency that I was last affiliated with prior to my adoption. And they kept saying I should just move on with my life. I know I am 1 of thousands of children who have been in fostercare and have not been protected by this system but what if I'm not getting along in life and I am having problems beyond a certain point as a result of the many injuries inflicted by the foster families and the neglence of the foster care system?

Answer

What injuries are you talking about? For some reason, this is in 'slip and fall accidents'. Generally, to sue NY State, a Notice of Claim needs to be filed against the agency involved within 90 days of the incident/event that gives rise to the claim, but if you were a minor, the time is "tolled' until your 18th birthday. After the Notice of Claim is filed, a lawsuit needs to be commenced in the Court of Claims. There are so many considerations that go into this, you would need to speak to a lawyer about it.


Contact us today if you need help with a similar matter.

Online answers to questions do not create an attorney-client relationship. There is no attorney-client relationship without a signed retainer agreement.

See All Questions & Answers