Adult survivors of sexual assault may have the right to recover financial compensation under AB 2777. Recently passed into law, AB 2777 allows sexual abuse survivors to file a lawsuit even if the previous statute of limitations has expired, provided certain circumstances are met. This includes filing a lawsuit on or before December 31, 2023, regardless of when the abuse occurred.
You do not have to determine if you are eligible to refile according to this new law. A sexual abuse lawyer in your area can review your case and determine whether you qualify for this window of opportunity. They will also review other details of your case and determine the party or parties to pursue for compensation.
When Did the New Law Take Effect?
Assembly Bill No. 2777 took effect on January 1, 2023. Under this law, you may be able to recover financial compensation you might have thought was unattainable due to the previous statute of limitations.
If your case has already been resolved via a settlement or trial verdict, it does not qualify to be reopened or revived. A member of your legal team will explain your rights during your consultation. They will also explain the financial recovery process and what you can expect from start to finish.
Do Survivors Need a Lawyer to File a New Lawsuit?
While you are legally allowed to handle the negotiation process or file a lawsuit on your own, there are many benefits to hiring a sexual abuse lawyer.
Your lawyer can:
- Clarify the details of the new law
- Conduct a comprehensive investigation
- Accurately assess your recoverable damages
- Negotiate a favorable monetary settlement
- Provide updates on the progress of your case
Your lawyer will advocate for you on every level of the process. They will also fight to recover compensation to help you start rebuilding your life.
What Compensation Can a Survivor Recover With This New Law?
You can recover a range of damages from the perpetrator of the abuse and others who may have overlooked or contributed to it. Your lawyer will explain who could bear financial liability in your case. The damages you are able to recover can include:
- Known and anticipated healthcare
- Known and anticipated lost wages
- Past, present, and future pain and suffering
- Ongoing mental and emotional trauma
This list is not exhaustive, and no two cases are alike, so you could be entitled to recover additional damages. Your lawyer will assess your cases in detail and ensure they pursue the damages you are entitled to recover.
Who Could Be Held Liable for Financial Recovery?
Recoverable damages can be obtained from more than one source depending on the details of your case. Potentially liable parties can include the following:
- Church leaders, members, and clergy of religious institutions
- Healthcare professionals including counselors and therapists
- Public and private school teachers, staff, and administrators
- Sports team members, staff, and coaches involved with athlete abuse
Your lawyer will prove the negligence and liability of the responsible parties that entitles you to compensation. They will also handle the daunting and emotionally charged process of collecting the evidence that supports your case.
What Criteria Do I Need to Meet to Qualify?
There are two different deadlines created by AB 2777: December 31, 2023 and December 31, 2026. Which deadline applies depends on the circumstances of your case.
If you meet the following criteria, you have until December 31, 2023 to file your case:
- Your abuse occurred on or after your 18th birthday;
- An entity or institution shares responsibility for your abuse; and
- That entity or institution covered up or attempted to cover up information about previous sexual abuse allegations.
If you meet these criteria, you have until December 31, 2026 to file your case:
- You suffered abuse starting on or after your 18th birthday; and
- The abuse began on or after January 1, 2009.
Get Help With Your Sexual Assault Case Today
Our law firm is committed to fighting for survivors of sexual abuse. Contact one of our team members to find out if you are eligible to file a lawsuit under AB 2777. Our team at Greenberg Gross will also explain how hard we will fight for the compensation you are entitled to recover. The initial consultation is free and confidential. Learn how we can help you today.