Can you sue your parents for having a disability?

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ImmenseLoad
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20 May 2013, 1:41 am

Is there anyone who know's a lot about legal stuff who can answer my question? I want to know if it's possible to sue your parents if you have autism or any other disability?

This is just a simple yes or no answer with an explanation tied to it. This is not a discussion on the morality of doing this to your parents. If you do not know the answer to my question then please do not post on this thread.



chris5000
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20 May 2013, 2:12 am

no unless they deliberately caused it like the cut your feet off or something



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20 May 2013, 2:22 am

You can set out to sue anyone for any reason, but the vast majority of those reasons would be frivolous and get nowhere.

This seems like it would be frivolous, and thus would get nowhere.



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20 May 2013, 3:44 am

Why would you even do that? Your parents didn't study what genes they were putting together and go "lol, that'll give our baby autism. Let's do it."


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20 May 2013, 4:38 am

ImmenseLoad wrote:
Is there anyone who know's a lot about legal stuff who can answer my question? I want to know if it's possible to sue your parents if you have autism or any other disability?

This is just a simple yes or no answer with an explanation tied to it. This is not a discussion on the morality of doing this to your parents. If you do not know the answer to my question then please do not post on this thread.


As with any legal motion, you would have to prove intent. There would also be so many reasons that a lawyer could get them off. Were they even diagnosed at the time they conceived you? If they were diagnosed, were they aware it was a heritable condition when they conceived you? Even if they were aware it was a heritable condition, how would they have known the odds of passing it to you? Did they have learning disabilities that would have made it impossible to understand the implications of having a child? If they found out the heritability once they were pregnant is it against their faith to abort the baby? It goes on.

This is all hypothetical of course, as it's too ridiculous a question.

And let me tell you, any decent parent feels guilty constantly for a myriad of things, a parent with an ASC already has a huge disadvantage in life and should be supported not blamed. As a parent with AS who has passed my condition on to my children I couldn't feel any more guilty, I may have made different choices had I known I had a heritable condition at the time I had children, is even thinking of suing someone in that situation morally defensible? Even if you don't love your parents, to think so cruelly is highly unjust.


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WrongWay
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20 May 2013, 5:49 am

Of course not. How ridiculous.


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Jensen
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20 May 2013, 6:43 am

That is absurd! Be reasonable!


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Wandering_Stranger
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20 May 2013, 7:44 am

What the...? So, you want to sue the people who brought you up, fed you, clothed you and housed you?

It's not their fault you have Autism. I could understand where you're coming from if they'd deliberately harmed you and caused you have brain damage or something.

It's caused by genetics, which no=one has control over.



Kuribo
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20 May 2013, 7:45 am

I sincerely hope that this is a troll post. 8O



qawer
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20 May 2013, 8:18 am

Don't blame your parents. Blame the bullies. They had bad intentions, opposite your parents.



Sweetleaf
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20 May 2013, 8:22 am

No, why would someone want to do that? I've heard many stupid reasons but that tops them all off I'd say.


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20 May 2013, 8:30 am

I want to sue mine for giving me Complex PTSD. Sadly, it's not worth it. All I would get would be 3 f****d up cars, 7 kids, and an overdue credit card or sixteen.



rapidroy
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20 May 2013, 8:58 am

I don't think you can sue for autism, perhaps you can sue for something like FAS since its quite clear your mom would have did something she woald have known was very bad for your health.



Callista
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20 May 2013, 9:08 am

You can sue, but you won't win. These are called "wrongful life" lawsuits, and the basic idea is that if the parents had known, they would have had an abortion. That could be extended into suing your parents for not having an abortion if they knew you had a high chance of having autism. In all cases, these lawsuits have been unsuccessful, except in those cases where doctors were penalized for not fully informing patients, which is malpractice no matter what important information they were holding back.

In some cases, when a child has a disability and the parents' actions were to blame--say, the child was injured in a car accident and the parents did not put the child in a car seat; or the parents were neglectful or abusive--then that would be a criminal trial (assault; neglect; etc.) or a civil lawsuit based on the idea that these people hurt you. This would be nearly impossible with autism, because autism is largely genetic and you cannot (successfully) sue them for your existence.

To take the title of your post literally, though: Can you sue your parents because they have a disability? No. Disabled people cannot be sued for being disabled, whether they have children or not.

The main question here is, Why do you want to sue your parents? What did they do to you?


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20 May 2013, 9:45 am

While you legally can:

1. Hire a lawyer,
2. File a lawsuit,
3. Present evidence, and
4. Testify,

There is little to no chance of winning a settlement unless you can prove beyond any reasonable doubt that:

1. Your parents acted out of malice to disable you,
2. Your parents conspired to disable you, OR
3. Your parents were willfully negligent, and that their negligence is the sole and direct cause of your disability.

You would also have to prove that their is a causal link between your parents' (in)actions and you disability; and if you think that my "Evidence, Please?" and "There is no valid, material evidence to support your argument" are in any way closed-minded and arrogant, you haven't seen anything compared to the legal attacks that can be made against your evidence - completely aside from the personal attacks (mostly insinuative) that can and will be legally presented to discredit you and any testimony you may give.

I'm currently suing someone, and getting money that is owed to you is many times more difficult than applying to receive State benefits or a bank loan.



Tyri0n
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20 May 2013, 10:12 am

Fnord wrote:
While you legally can:

1. Hire a lawyer,
2. File a lawsuit,
3. Present evidence, and
4. Testify,

There is little to no chance of winning a settlement unless you can prove beyond any reasonable doubt that:

1. Your parents acted out of malice to disable you,
2. Your parents conspired to disable you, OR
3. Your parents were willfully negligent, and that their negligence is the sole and direct cause of your disability.

You would also have to prove that their is a causal link between your parents' (in)actions and you disability; and if you think that my "Evidence, Please?" and "There is no valid, material evidence to support your argument" are in any way closed-minded and arrogant, you haven't seen anything compared to the legal attacks that can be made against your evidence - completely aside from the personal attacks (mostly insinuative) that can and will be legally presented to discredit you and any testimony you may give.


I'm currently suing someone, and getting money that is owed to you is many times more difficult than applying to receive State benefits or a bank loan.


2L here. The standard would likely be preponderance of the evidence. Beyond a reasonable doubt is only necessary in criminal cases. That said, you are right. I have a lawsuit in the back of my mind related to PTSD and child abuse, but I would not be confident of winning unless the underlying criminal charges were successful to use res judicata; otherwise, getting past a jury ain't gonna happen.

I'm not going to say more. But I've been busy.