Statute of Limitations for a School that Didn’t Protect Against Sexual Abuse in New York
Fighting For Important Causes In State And Federal Courts
Victims of sexual abuse at school and other institutional settings don’t have an indefinite amount of time to pursue legal action and accountability. They should learn their filing deadlines immediately to avoid compromising their cases.
Students who are sexually abused as minors have until age 55 to sue schools and individual abusers in New York. This statute of limitations applies to public and private schools that bear liability for sexual abuse. Though you may have a long time to sue for childhood sexual abuse, you do not have to wait that long and can bring your case at any point between becoming an adult and your 55th birthday.
Call the New York attorneys for victims of child and institutional sexual abuse at The Law Office of Andrew Shubin at (814) 826-3586.
What’s the Statute of Limitations to Sue the School that Didn’t Protect You from Sexual Abuse in New York?
The statute of limitations that applies to your sexual abuse lawsuit depends on your age when the abuse occurred at school in New York.
If You Were Abused as a Child
If you were abused as a child while at school in New York, you have until you turn 55 to file a lawsuit. Children can’t bring claims by themselves, so the statute of limitations doesn’t start running until they turn 18. Once that happens, they have 37 years to pursue legal action, or until they turn 55.
You may still have lots of time to bring a case for childhood sexual abuse, so don’t assume the statute of limitations has expired before our lawyers review your case and determine the exact filing deadline.
If You Were Abused as an Adult
If you were sexually abused or assaulted at college and your university bears liability for your damages, you would have significantly less time to sue. The normal personal injury statute of limitations of three years applies to many adult sexual abuse lawsuits.
However, being the victim of certain sexual offenses in New York gives adult victims 20 years to seek damages, and we can see if that extends your filing deadline.
Why Do You Need to Know the Statute of Limitations to Sue a School for Sexual Abuse?
Plaintiffs may not have claims indefinitely; they must learn the statute of limitations for their specific lawsuits so they don’t inadvertently miss it and lose their opportunity to recover any damages.
Accidentally missing the statute of limitations because you didn’t know when it ended is not a valid excuse, and your claim may still be dismissed if you file it too late.
How Can You Sue the School that Didn’t Protect You from Sexual Abuse on Time?
Though victims have several decades to sue the school that didn’t protect them from sexual abuse, that doesn’t mean all victims have processed their trauma and are ready to file, putting them at risk of missing the statute of limitations.
Learn Your Filing Deadline
If you are considering pursuing legal action against the school that enabled or allowed your sexual abuse, you must know the final date you can file your lawsuit. Even if that is years in the future because of New York’s long statute of limitations for child victims, you still need to know the point at which you will be barred from getting damages if you have not already filed.
Know What is Left of the Statute of Limitations.
We can see how much time remains in the statute of limitations and use it to the best of our ability to build and bring a timely case. Even if the statute of limitations is close to expiring, we may still have enough time to prepare and file a case, so don’t give up hope.
Rely on Our Lawyers
When you trust our lawyers with your sexual abuse lawsuit in New York, you can trust us to stay mindful of the statute of limitations and the benefits of bringing a compensation claim as soon as possible to eliminate the chance of you missing the window of opportunity to sue.
FAQs About New York’s Statute of Limitations for School Sexual Abuse
Can Delayed Discovery Affect the Statute of Limitations for Sexual Abuse Lawsuits?
Delayed discovery is common in sexual abuse cases involving children and adults. It changes the accrual date of the statute of limitations to the date of discovery, not the last date of injury or the victim’s 18th birthday if they were abused as a child.
Can Fraudulent Concealment Affect the Statute of Limitations for Sexual Abuse Lawsuits?
Fraudulent concealment is another exception to the statute of limitations and pauses the clock for any period during which the school conceals the cause of action or important information.
Does New York’s Statute of Limitations for Sexual Abuse Apply to All Schools?
New York’s statute of limitations for sexual abuse lawsuits applies to all schools, public and private.
Why Does New York Pause the Statute of Limitations Until You Turn 18?
The statute of limitations doesn’t start running until minors turn 18 because they cannot legally bring a case on their own while they are still under 18, and that shouldn’t prevent them from recovering damages as adults.
What if You Miss the Statute of Limitations for a Sexual Abuse Lawsuit?
Not filing a lawsuit within the applicable statute of limitations puts your case in jeopardy of being dismissed, stopping you from getting any accountability or damages.
How Much of the Statute of Limitations to Sue a School for Sexual Abuse is Left?
Tell us when the abuse began and ended, and how old you were at the time, so we can calculate how much of the statute of limitations is left and how long you still have to prepare and bring a case.
Call Us to Get Help with Your Case in New York Today
Discuss your case for free with the New York attorneys for victims of child and institutional sexual abuse at The Law Office of Andrew Shubin when you call (814) 826-3586.