Childhood Sexual Assault or Abuse
The Child Victims Act in New York (“NY CVA”) and the Child Victims Act in New Jersey (“NJ CVA”) have extended the time for bringing civil claims for child sexual assault or abuse. Previously, many survivors could no longer bring claims because the law required those claims to be brought within a short period of time after the sexual assault or abuse, which had expired. The NY CVA allowed survivors of childhood sexual assault or abuse that happened many years ago to file claims relating to the sexual assault or abuse until August 13, 2021. Survivors of childhood sexual assault or abuse that happened many years ago and occurred in New Jersey have until November 30, 2021 to sue under the NJ CVA. In addition, survivors of more recent childhood sexual assault or abuse in New York or New Jersey may have an even longer period to bring their lawsuits. See below for more information regarding these deadlines.
Have you Experienced Childhood Sexual Abuse?
We are sorry to learn that you suffered childhood sexual abuse. If you are seeking legal guidance, we can help. Our trauma-informed team is available to discuss your rights and options. We have over 50 years of combined litigation experience and are prepared to provide you compassionate counsel while fighting for your legal rights.
To schedule a free consultation, please complete this form or call us at 917-426-8750. If you choose to complete the form, please complete all fields and, if you feel comfortable to do so, include a brief description of what you would like to discuss with us. A team member will be in touch with you shortly.
Thank you for your confidence in Calcaterra Pollack LLP.
Why Choose our Firm:
· Experience: The attorneys at our Firm who represent survivors of childhood sexual abuse include attorneys who are survivors of childhood sexual assault and/or have experience investigating and litigating childhood sexual abuse claims. We are familiar with the child welfare and justice systems and the life-long impact that childhood physical and sexual abuse can have upon survivors, bringing individualized and trauma-informed advocacy to bear on the unique challenges in litigating these often decades-old claims.
· Compassionate Counsel: Our attorneys will work closely with you to determine if you have a legal course of action. If we file litigation on your behalf, we will ensure it is individualized, rather than cookie cutter, and reflects the trauma you suffered.
· Recovery: We will seek recovery for your medical bills, pain and suffering, emotional distress, loss of income and psychological trauma.
· Fees & Costs: Should we mutually decide to pursue legal action, we will represent you on a contingency basis, which means that our fee and the costs of the litigation will be taken out of any recovery you receive. If we do not obtain a recovery for you, you are not liable for our costs or fees.
· Pending Cases: Please see here to learn about just a few of the Firm’s current childhood sexual assault and abuse cases, from clients who have agreed to publicize some details about their cases.
Who Can You Sue:
Survivors of childhood sexual abuse experience serious difficulties and institutional obstacles to pursuing justice, often delaying their ability to commence legal proceedings for many years. Fortunately, several states in the U.S. have recently passed laws allowing survivors to file civil cases against their abusers and/or the institutions that enabled the sexual abuse – even if the sexual abuse occurred years ago. We have experience litigating against both individuals and institutions such as group homes, schools and religious organizations.
When You Should File Your Case:
Calcaterra Pollack LLP’s attorneys are able to represent survivors in both New York and New Jersey. If you are a survivor of childhood sexual assault and/or abuse that occurred many years ago and in New Jersey, you have until November 30, 2021 to file a lawsuit. This is the result of the enactment of the New Jersey Child Victims Act. Before this legislation came into effect, survivors of childhood sexual abuse had only a few years to file their claims and, as a result, many survivors were unable to seek justice.
If you are a survivor of childhood sexual assault and/or abuse that occurred within the last few years in New York or New Jersey, you may also be able to file a lawsuit.
More details on the deadlines for filing cases for childhood sexual abuse in New York and New Jersey are below.
The NY CVA, which came into effect on August 14, 2019, allows for survivors to file civil claims under two scenarios:
- Survivors whose abuse claims had not expired under the New York Statute of Limitations when the NY CVA came into effect are now able to file claims at any time until they turn 55. This scenario covers those who were sexually abused and/or assaulted within the past few years.
- Survivors whose abuse claims had expired under the New York Statute of Limitations when the NY CVA came into effect had until August 13, 2021 to file their claims. Please note that this deadline has now passed.
The NJ CVA, which came into effect on December 1, 2019, allows for survivors to file civil claims under two scenarios:
- Survivors are now able to file claims at any time until they turn 55, or within seven years after they became aware of the injury they suffered as a result of the sexual abuse or assault, whichever date is later.
- Survivors who are older than 55 and for whom seven years have passed after they became aware of their injuries, and whose claims had expired under the New Jersey Statute of Limitations when the NJ CVA came into effect, now have until November 30, 2021 to file their claims.
Our attorneys can advise you if you can file a claim under the New York or New Jersey Child Victims Act, and how long you have to do so. Even if you have been told by others that you cannot file a claim or that the New York or New Jersey Child Victims Act does not apply to you, we encourage you to contact us regardless.