Sexual abuse has a long-term impact on every aspect of your life. The law allows you to seek financial compensation from your abuser even if you never reported the incident when it happened.
Contact the California sexual abuse lawyers at Phillips Law Group if you feel ready to hold your abuser accountable. Phillips Law Group sexual abuse attorneys represent survivors from around the country and help them find justice for the abuse they experienced.
Time Limits Depend on Multiple Factors
Statutes of limitations are laws that govern how long a claimant has to file a lawsuit before their claim expires. There are several such laws relating to sexual abuse claims, and which one applies in a given case depends on several factors. A sexual abuse survivor in California should consult an attorney at Phillips Law Group to determine whether they have a viable claim.
Adult Sexual Abuse
When an individual who has suffered sexual abuse was 18 or older when the abuse occurred, the relevant statute of limitations depends on when the incident happened. If there was a series of incidents, the statute of limitations is counted from the date of the most recent occurrence.
Adults who experienced sexual abuse before January 1, 2019, had only two years to bring a lawsuit. However, if such survivor has only realized later that injuries they have experienced are connected to this sexual abuse, they have three years from their discovery of the connection to file a lawsuit.
Because of a change in the law, adults who experienced sexual abuse after January 1, 2019, now have 10 years to file a lawsuit. If their discovery of a physical or psychological injury related to the abuse is delayed, they have three years from the date of this discovery to file a lawsuit.
Childhood Sexual Abuse
California Code of Civil Procedure § 340.1 abolished the statute of limitations for claims seeking compensation for childhood sexual abuse. A survivor can bring a lawsuit at any time, no matter how much time has passed since the incident. This law applies to incidents occurring on or after January 1, 2024.
For childhood sexual abuse that occurred before January 1, 2024, a survivor has until their 40th birthday to bring a lawsuit. If the survivor is 40 or older when they first discover a connection between a physical or emotional injury and their sexual abuse, they have a five-year window from the date of discovery to file a lawsuit.
Certificate of Merit
The attorney for a California childhood sexual abuse survivor who is 40 or older when filing their lawsuit must include a certificate of merit with the filing. This is a document stating that both the attorney and a licensed mental health practitioner who is not treating the claimant have interviewed the claimant and found a reasonable basis for believing that childhood sexual abuse occurred.
Understanding the Civil Court Claim Process
A survivor can sue an individual abuser and any institutions, corporations, or organizations that facilitated or enabled the abuse. A lawsuit seeking compensation is possible regardless of whether there were criminal proceedings against the abuser. Even when the abuser was tried in criminal court and acquitted, they may still be liable for damages in civil court.
With the help of a California attorney, a sexual abuse survivor must prepare a sworn affidavit describing their experience. The abuser and any enabling institutions typically initiate negotiations when they receive the survivor’s claim. These negotiations often result in a reasonable settlement, and the survivor need not then endure the strain of a trial.
The legal professionals at Phillips Law Group are trauma-aware and always prioritize the survivor’s well-being. If negotiations do not produce the desired results, the decision to pursue the case in court is always up to the survivor.
Consult a California Attorney About Compensation for Sexual Abuse
Sexual abuse can impact your physical and mental health, your performance at work and school, and the quality of your relationships. You have the right to seek financial compensation for this damage, and many survivors find it empowering to hold their abusers accountable. Contact the California sexual abuse lawyers at Phillips Law Group if you are ready to explore your legal options.
Phillips Law Group attorneys provide compassionate and effective representation for survivors of sexual abuse nationwide. Schedule a free consultation with a member of the intake team today.
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