Fighting For Important Causes In State And Federal Courts
Survivors of child sexual abuse in New York have been given an opportunity to file lawsuits against their abusers, even if the claim would normally violate the statute of limitations. New legislation past in February 2019 allows victims until they reach 55 years of age to file lawsuits for the sexual abuse they suffered as a minor, but it also opens a one-year period where the statute of limitations is effectively suspended.
If you were a victim of child sexual abuse in New York, contact our attorneys today to discuss filing a lawsuit for your medical and mental health expenses, lost wages, and pain and suffering. Our attorneys for New York State sexual abuse victims represent survivors of sexual abuse against their individual abusers and institutions such as schools and churches that allowed the abuse to go on. For a free legal consultation, call The Law Office of Andrew Shubin today at (814) 826-3586.
Suing for Sexual Abuse of a Minor in New York
Under New York law, victims of sexual assault and sexual abuse can often file a lawsuit for the harm they suffered. These lawsuits allow broad claims that can reflect all types of sexual abuse or assault, so there is often no need to wonder whether your claim was “bad enough” to get you compensation. When you file these lawsuits, you must prove a few elements to get compensation from the individual who abused you, but you might also be able to join an institution or organization in the lawsuit to seek damages from them as well.
The claim filed against the individual will usually allege one of two things. First, if you were an adult when the events occurred, you must prove that you suffered some sort of sexual touching or sexual assault without your consent. In cases with adult victims, consent is often the core issue at play. Minors are unable to consent to sexual acts, so the second type of case alleges that the minor was sexually touched, assaulted, or groomed while they were underage. In either type of case, our attorneys can help you gather information about the assault, information about who was responsible, and evidence to help you prove your claim in court.
In many cases, you can also join an institution or organization in the lawsuit. These parties typically include groups that were responsible for the abuser, such as their employer. Many child sexual abuse cases happen at camps, in sports activities, in the Church, or at school. Many times, these sorts of institutions are accused of failing to investigate credible accusations of sexual assault, or they know about sexual allegations and fail to take steps to keep the abuser away from children. In some cases, the institution might actively work to cover up abuse allegations and protect their staff and associates against claims of sexual misconduct. In many of these cases, victims only faced sexual assault and sexual abuse because the institution failed to keep known predators away from vulnerable children.
Deadline to File Sexual Abuse Lawsuits in New York’s One Year Window
Under the 2019 Child Victims Act, people who were victims of sexual abuse as a child have had the statute of limitations extended for most cases. People who were subject to sexual abuse before they turned 18 now have until they turn 55 to file a lawsuit against their abuser and the institution that protected them. The deadline to file criminal charges has also been extended.
This law is fantastic news for people under 55 who suffered sexual assault they could not file a lawsuit for under the old statute of limitations. However, it is also excellent news for other individuals who may have previously had their cases blocked.
In addition to extending the general deadline to file for child sexual assault, New York has also opened a one-year window where the statute of limitations is effectively suspended. Anyone who faced sexual abuse as a child in New York can file a lawsuit between August 14, 2019 and August 14, 2020 without having their case barred by the statute of limitations. This means that even if the case was too old or the victim is over 55 years old, they can still file claims against their abuser.
This also extends the deadline for cases filed against institutions. This means that abuse by priests in the Catholic Church or abuse by teachers and school staff can be brought to light, and victims can seek compensation for the harms they suffered.
Damages for Sexual Assault and Abuse Lawsuits in NY State
Victims of sexual abuse can face a wide range of potential damages. The physical and psychological effects of sexual assault can be catastrophic. Many victims seek medical attention for physical injuries or mental health treatment for PTSD, depression, and other disorders brought about by the abuse they survived. In some cases, these harms might affect their ability to work, even if they were abused a long time ago as children. This can justify damages for lost wages in these cases. Victims can also claim independent damages for the physical pain, mental anguish, and emotional distress the events caused them.
In some cases, judges may issue higher “punitive” damages against negligent institutions that participated in coverups or worked to hide sexual abuse allegations. Talk to a lawyer about what your case might be worth.
Call Our Attorneys for Child Sexual Abuse Victims in New York
If you were sexually abused as a child in New York, contact The Law Office of Andrew Shubin today. Our attorneys for child sexual abuse victims in New York may be able to file your case in the Child Victims Act’s one-year window to help you get compensation for the harm you suffered, even if the case would normally be barred by the statute of limitations. Call our law offices today to set up a free legal consultation on your case. Our number is (814) 826-3586.