NY Child Victims Act Lawsuit
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In recent months and years, thousands of victims of childhood sexual abuse have come forward to share their stories and seek justice for themselves and others. Their abusers were often clergy members, boarding school staff, and other adults in positions of power. Too frequently, the deadlines for filing a lawsuit had already expired, barring them from taking action. Recognizing this injustice, New York lawmakers enacted the Child Victims Act.
If you are a survivor of childhood sexual abuse in New York, the Child Victims Act now provides an opportunity to seek justice and hold your abuser accountable.
At Joseph & Norinsberg LLC, our compassionate and experienced attorneys are committed to fighting relentlessly for survivors, providing the support and skilled representation needed to navigate this difficult process.
We have gained wide media recognition for the results we have gotten for our clients. We understand the profound impact of childhood trauma and are here to listen, investigate, and pursue the justice and compensation you deserve.
Table of Contents
- Why Choose Joseph & Norinsberg for Your Child Victims Act Lawsuit
- What Is the New York Child Victims Act?
- Who Can Seek Justice Under the NY Child Victims Act?
- What Forms of Abuse Are Covered Under the NY Child Victims Act?
- How Do I File a Claim as a Child Abuse Survivor in New York?
- What Is the Time Limit for Filing Child Victims Act Claims in NY?
- Resources for Child Abuse Survivors
- Frequently Asked Questions
- Contact Joseph & Norinsberg for Your NY Child Victims Act Lawsuit
Why Choose Joseph & Norinsberg for Your Child Victims Act Lawsuit
At Joseph & Norinsberg LLC, we have decades of experience fighting for sexual abuse victims and helping them seek justice. Our staff of experienced attorneys and paralegals is ready to support you throughout your case, both inside and outside the courtroom. We treat our clients like family, and they regularly stay in touch with us long after their cases are resolved.
We are proud of our five-star Google rating and unsolicited testimonials from satisfied clients, such as the following:
Founders Bennitta Joseph and Jon Norinsberg bring extensive experience to the firm. Bennitta previously worked as a prosecutor in the New York District Attorney’s office, while Jon has become one of the top civil rights litigators in New York City. The New York Law Journal has even featured him on its front page. Expertise.com has also recently named our lawyers the “Best Litigation Attorneys in NYC.”
Case Result: Joseph & Norinsberg attorney John Meehan represented a client whose boss sexually harassed her and then physically assaulted her when she denied his advances. John was able to secure compensation for several years of lost wages and emotional distress, plus compensation for the physical assault.
Our attorneys are up to the challenge and deal with sensitive cases daily, including the following:
- Verbal abuse cases
- Sexual harassment cases
- Same-sex harassment cases
We are passionate about fighting for victims. Let us stand beside you during these most challenging circumstances and seek the compensation you deserve.
What Is the New York Child Victims Act?
Until January 2019, most childhood sexual assault survivors had until age 23 to seek justice in the courts. The Child Victims Act extended the statute of limitations for adult survivors of childhood sexual abuse. Victims of child sexual assault after the law’s August 14, 2019, effective date now have until their 55th birthday to file civil lawsuits.
The Child Victims Act also created a one-year window allowing any adult survivor with a previously time-barred child sexual abuse claim to file a civil lawsuit against their abuser or a negligent institution, no matter how long ago the abuse took place. Governor Andrew Cuomo then extended the window for another year. That window closed on August 13, 2021.
In addition to extending the statute of limitations and creating the lookback window, the Child Victims Act allows claims against institutions and individuals and removes the notice of claim requirement for actions against public institutions.
The Child Victims Act represents a significant step forward in providing survivors of childhood sexual abuse with a path to justice and holding abusers and negligent institutions accountable.
Enacted shortly after the Child Victims Act, the Adult Survivors Act allowed those who were sexually assaulted as an adult to sue their abusers for one year, from November 24, 2022, to November 24, 2023, regardless of the civil statute of limitations. Over 3,000 lawsuits were filed during this period.
Who Can Seek Justice Under the NY Child Victims Act?
Any survivor of childhood sexual abuse that occurred in New York may be eligible to file a claim under the Child Victims Act, regardless of their current age or when the abuse occurred. This law encompasses abuse by clergy members, teachers, coaches, family members, and others in positions of trust. The NY Child Victims Act did the following:
- Allows child sexual abuse victims to file a lawsuit against their abuser up until the age of 55 years
- Increases the criminal statute of limitation for sex abuse crimes
- Opened a window for adult victim
What Forms of Abuse Are Covered Under the NY Child Victims Act?
The Child Victims Act covers various forms of childhood abuse, including the following:
- Sexual abuse: Any sexual contact between a minor and an adult or older minor
- Physical abuse: Non-accidental physical injury inflicted on a child resulting from sexual abuse
- Emotional abuse: A pattern of behavior that impairs a child’s emotional development or sense of self-worth resulting from sexual abuse
How Do I File a Claim as a Child Abuse Survivor in New York?
Filing a childhood sexual abuse lawsuit can be a complex and emotional process. It involves gathering evidence, participating in court hearings, and confronting painful memories. Consulting an experienced NYC Child Victims Act attorney is crucial to understanding your rights, navigating the legal system, and building a strong case.
At Joseph & Norinsberg LLC, we provide compassionate legal representation for sexual abuse survivors. Our attorneys will guide you through the entire legal process, from the initial consultation to your case’s resolution, fighting tirelessly to hold your abuser accountable and secure the compensation you deserve.
What Is the Time Limit for Filing Child Victims Act Claims in NY?
While the lookback window under the Child Victims Act has since closed, survivors still have extended time to file claims compared to previous statutes of limitations. Under the current law, survivors may file civil cases until they turn 55. Criminal charges for many offenses may now be brought up until the survivor turns 23.
A statute of limitations sets time limits for filing lawsuits to ensure that claims are brought in a timely manner, protect defendants from having to defend against stale claims, and promote the resolution of disputes while evidence is still available and memories are fresh. It is essential to act promptly to preserve your legal rights as a childhood sexual abuse survivor and build the strongest possible case. Consulting with a knowledgeable attorney will help you understand the deadlines applicable to your unique situation.
Resources for Child Abuse Survivors
Seeking justice through a legal claim is just one aspect of healing for childhood sexual abuse survivors. Support services and resources are available to aid in the recovery process, including:
- Safe Horizon is a victim assistance organization that provides counseling, legal advocacy, and support services. Its phone number is 212-227-3000.
- The Rape, Abuse & Incest National Network, or RAINN, is the nation’s largest anti-sexual violence organization, offering a 24/7 hotline and online chat services. Reach them at 1-800-656-4673.
- New York State Coalition Against Sexual Assault provides a directory of local crisis centers and support services throughout the state.
- New York State Central Register of Child Abuse: Call 800-342-3720.
- National Association of Adult Survivors of Child Abuse NY: Go to their website for support and area-specific reporting hotlines.
Frequently Asked Questions
Here are answers to our most frequently asked questions about the New York Child Victims Act.
Has the New York Child Victims Act expired?
The one-year lookback window, which allowed survivors to file claims regardless of when the abuse occurred, closed on August 14, 2021. However, survivors still have extended time to file civil claims compared to previous statutes of limitations.
What is the typical age of victims of clergy abuse?
Studies have found that 77.4 percent of victims of clergy abuse were 11 years of age or older.
What is the average settlement for child abuse?
Settlement amounts in child abuse cases vary widely depending on the specific circumstances, severity of the abuse, and long-term impact on the survivor. An experienced attorney will evaluate your case and fight for the compensation you deserve.
What is the purpose of the Child Victims Act in New York State?
The purpose of the Child Victims Act is to provide childhood sexual abuse survivors with a path to justice by extending the statute of limitations for criminal and civil cases and opening a lookback window for previously time-barred claims. The act aims to hold abusers and institutions accountable and provide survivors with the opportunity to seek healing and closure.
Seeking Justice for Childhood Sexual Abuse Survivors
The Child Victims Act has opened the door for countless childhood sexual abuse survivors in New York to seek justice and hold their abusers accountable. At Joseph & Norinsberg LLC, we understand the immense courage it takes to come forward and aim to provide compassionate, skilled representation to guide you through the legal process.
Contact Joseph & Norinsberg for Your NY Child Victims Act Lawsuit
Joseph & Norinsberg LLC pursues justice for childhood sexual abuse survivors under the NY Child Victims Act. Our compassionate attorneys have over 20 years of experience fighting for victims’ rights and will guide you through the legal process with skill and empathy. Contact us today for a free consultation, or call us toll-free at 212-227-5700.
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