New York Sex Abuse Lawsuit Statute of Limitations Opens Window To File Claims For Adults in the State

Carl Saiontz

By Carl Saiontz
Posted August 15, 2019

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A new law went into effect in New York state earlier this year, which provides a limited opening of the statute of limitations for child sex abuse lawsuits to be brought in the state, allowing individuals who were victimized as a child to now pursue a claim, regardless of their current age or how long it has been since the abuse occurred.

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SEX ABUSE CLAIM

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Saiontz & Kirk, PA, Attorneys & Lawyers, Baltimore, MD

Following decades of coverups and scandals involving the Catholic Church, Boy Scouts of America and other organizations that have emerged in recent years, this new law provides additional time for adults to step forward and pursue sex abuse claims, even if the New York statute of limitations previously barred the action.

A number of other states have passed new laws or are considering similar legislation to extend the child sex abuse statute of limitations, and the lawyers at Saiontz & Kirk, P.A. provide free and confidential case evaluations to help individuals determine what legal rights may be available.

All cases are reviewed on a contingency fee basis, which means that there are never any out-of-pocket costs associated with hiring a lawyer and there are no attorney fees or expenses unless a recovery is obtained. Learn more about whether you or a loved one may be able to pursue a sex abuse claim.

Statute of Limitations for Sexual Abuse Claims in New York

In New York state, the Child Victims Act was signed into law by Governor Andrew Cuomo in February 2019, providing a one year opening in the statute of limitations for sex abuse claims to be filed starting August 14, 2019.

The law also extends the New York child sex abuse statute of limitations until the age of 55. Previously, the state required civil claims to be filed by the time a victim turned 23, which failed to account for the time it takes individuals to come to terms with the abuse and start the process of initiating a lawsuit.

The new law also eliminates the need to file a notice of claim for child sex abuse lawsuits and will result in additional training for judges in handling child sexual abuse cases.

New York SOL Eligibility

  • Sexual abuse occurred in New York state;
  • Individual was under age of 18 when abused;
  • Suffered from physical, psychological or other injuries as a result of a sexual offense
  • Even if claim previously barred due to statute of limitations, or individual did not previously file notice of claim

The one year opening of the New York statute of limitations window is designed to correct years of actions by the Catholic Church and other organizations that covered up credible allegation and prevented individuals from pursuing claims for effects of childhood sexual abuse.

In addition to New York sex abuse, lawyers at Saiontz & Kirk, P.A. are reviewing potential claims for individuals nationwide. It may not be too late to take action.

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