How to File a Sexual Abuse Lawsuit After the Deadline Has Passed

While the statute of limitations passing typically bars victims from filing sexual abuse lawsuits, there are certain circumstances where survivors may still be able to seek justice, like if their state has an open “lookback window,” or a change to the statute of limitations applies retroactively.

Our attorneys can investigate whether there are options to file a sexual abuse lawsuit, even if you think the statute of limitations has passed. Your actual filing deadline may be much later than you thought if an exception to the statute of limitations applies. When filing a lawsuit past the deadline, our lawyers will cite the reasons for bringing the claim, such as an open lookback window. To file your lawsuit on time and avoid the consequences of missing the statute of limitations, trust us to handle your case.

Get a free and confidential case evaluation from The Law Office of Andrew Shubin by calling our attorneys for victims of sexual abuse at (814) 826-3586.

Can You File a Sexual Abuse Lawsuit After the Deadline Has Passed?

Even if the statute of limitations has passed for you to file a sexual abuse lawsuit, you may still be able to sue because of an open lookback window or recent and retroactive change to the statute of limitations that gives you a new filing deadline. Otherwise, failing to file on time bars you from recovery. To avoid this as much as possible, let our attorneys for victims of sexual abuse prepare and file your case when you are ready.

Open Lookback Window

States sometimes open lookback windows that allow survivors to file lawsuits, no matter when the abuse occurred, and even if the original deadline has passed. Lookback windows are only temporary, and victims may not be able to file lawsuits once the window closes.

Using a lookback window to file a sexual abuse lawsuit after the original deadline passed can be a complicated, confusing process. If you’ve heard of an open lookback window and want to know your eligibility, contact our attorneys right away.

Statute of Limitations Change

You may also be able to sue if your state changed its statute of limitations for sexual abuse lawsuits, and this change applied retroactively to previously expired claims. If your case now falls within the filing timeframe set by the new statute of limitations, and the change is retroactive, you can file a lawsuit with our help.

Changes to the statute of limitations are not always retroactive and usually need to say so in the statute to be valid, so keep that in mind.

What Extends the Filing Deadline for a Sexual Abuse Lawsuit?

You may have more time to file a sexual abuse lawsuit than you initially expected. The statute of limitations gets paused for “tolling” exceptions, which effectively pushes back the filing deadline for some plaintiffs.

States typically pause the statute of limitations for delayed discovery. This is common among all victims, regardless of their age. Victims might repress memories or not recognize certain behavior as sexual abuse until later years later and often with help from mental health professionals. Instead of the statute of limitations starting to run on the last instance of abuse, it should begin on the date of discovery, which may be many years later.

If you were abused as a minor, the statute of limitations begins to accrue when you turn 18, generally speaking. Minors cannot file lawsuits as plaintiffs while they are underage, and pausing the statute of limitations until they turn 18 gives them an opportunity to seek justice for themselves.

In some states, there is a statute of repose that blocks filings after a certain number of years, even if the discovery rule or age concerns would otherwise apply. If that deadline has passed, the claim cannot be filed without a retroactive law change like a lookback window or statute of limitations change.

How to File a Sexual Abuse Lawsuit by the Deadline

To file before or possibly even after the filing deadline, please contact our lawyers. We can explain to the court why you haven’t yet missed the statute of limitations because of a tolling exception, or why you qualify because of an open lookback window or recent change to the statute of limitations.

Enlist Our Attorneys

Even if it has been years since the last instance of sexual abuse, you may still have plenty of time to prepare and file a lawsuit. We can confirm your state’s statute of limitations for adult or child sexual abuse lawsuits, and see how much more time you have to sue. Child victims generally have longer to sue than adults, though this varies by state.

Because of lookback windows, changes to the statute of limitations that apply retroactively, and exceptions to the statute of limitations, don’t assume you know the exact filing deadline for your case, or lose hope if you think it has passed.

Pinpoint Filing Deadline

To pinpoint the filing deadline for a sexual abuse lawsuit and ensure the victim does not miss it, we need more information about the abuse. We strive to make plaintiffs comfortable disclosing details about the abuse, such as when it started and ended.

Victims should also tell us if they did not immediately recognize what was happening as sexual abuse, which is common for children, especially those abused by family members, authority figures, or other trusted individuals. If you recently recalled abuse through therapy, that may affect the filing deadline for your case.

Tally Damages

Sexual abuse survivors often feel uncomfortable asserting their damages. Let us tally all the economic and non-economic damages you have suffered over the years because of sexual abuse. Not only will we factor in medical expenses, therapy costs, and even lost wages if trauma makes you unable to work, but also the pain and mental suffering you’ve experienced.

Sexual abuse is incredibly violating and traumatizing for all victims, no matter their age or circumstances. The non-economic damages from such harms should never be underestimated. The sooner we assess your damages and determine the true value of your claim, the sooner we can file it, whether the statute of limitations is nearly expired or the lookback window is about to close.

Call Our Lawyers About Your Sexual Abuse Lawsuit Today

Call The Law Office of Andrew Shubin at (814) 826-3586 for a free case review from our attorneys for victims of sexual abuse.