The New York Child Victims Act allows anyone who has been sexually abused as a child to bring forth a civil claim so long as they bring the claim before they are 55 years of age. Previously, victims could only file a civil suit if they filed before they turned 23 years of age.
CVA has undergone some challenges in the courts, but so far, the New York State appellate courts have upheld the law’s constitutionality by refusing to dismiss a sexual abuse complaint against the operators of a private boarding home for at-risk youth in foster care. The boarding house argued that failure to report is not a recognized cause of action for a civil case; the Supreme Court of New York denied their motion, stating that institutions may be found liable under the Social Services Law.
While CVA lawsuits are moving more slowly than many would like, some victims are beginning to see justice. For example, the Catholic Diocese of Syracuse has agreed to a $100 million global settlement. Settlements aren’t always that high but can be substantial. Recently, we won $3,00,000 in a school hazing and sexual assault case.
Any settlement is the very least perpetrators can do for the lifelong damages inflicted upon victims of childhood sexual abuse.
You may be eligible for past economic damages, compensation for ongoing care needs, pain and suffering, and punitive damages.
If you’ve been sexually abused, you may ask yourself if it’s worth revisiting the pain and trauma of your past to press a lawsuit. Here are a few questions to ask yourself.
- Have you suffered significant damages? Have you paid for psychological and medical care due to your sexual abuse?
- Do you suffer from ongoing medical problems as a result of your abuse?
- Has the psychological impact of the abuse limited your opportunities, hindered your studies, or hampered your career progression?
- Did an organization like a church, daycare, summer camp, day camp, Boy Scout club, Girl Scout club, boarding school, or foster home fail to protect you by hiring abusers or looking the other way during or after the abuse?
To make the most of a civil case, you need to be able to show damages. It also helps to have a defendant capable of paying those damages; an uncollectable award helps no one.
If you’re not sure what to do or whether you have a strong enough case to proceed, it’s a good idea to speak to an experienced and empathetic child sexual abuse lawyer. We can go over your options and determine what the process might look like in your specific case.
Our team has extensive experience in this area. Contact Rubin Law Group to get help today.
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