If you or someone you love survived sexual abuse after the age of 18, you could be entitled to financial compensation even if the previous filing deadline on your case has expired. It can be difficult to understand how a recent change in law makes this possible on your own. A sexual abuse attorney in your area can explain how the statute of limitations for your case will be affected by the new California Assembly Bill 2777.
Your lawyer can help you file your case and keep fighting for the financial compensation you are entitled to recover.
What if the Statute of Limitations on My Sexual Assault Case Already Expired?
If you or a loved one is a survivor of adult sexual abuse, you do not have to give up hope for financial recovery due to the passage of time. This new law (Assembly Bill 2777) may retroactively impact your case and allow you to file a lawsuit that was previously banned. Assembly Bill 2777 introduces two new filing deadlines depending on the circumstances of your case.
Cases that meet the following criteria will be subject to a deadline of December 31, 2023:
- The abuse occurred on or after your 18th birthday. (The date the abuse occurred is not relevant.);
- An entity or institution is responsible in some way for the damages (e.g., an employer, church, or school);
- The entity or institution attempted to cover up a previous instance or allegation of sexual abuse; and
- You or your lawyer file the lawsuit by December 31, 2023.
If your case meets the following criteria, it will be subject to a deadline of December 31, 2026:
- The abuse occurred on or after your 18th birthday; and
- The abuse took place on or after January 1, 2009.
The best way to understand whether or not your case is eligible is by reviewing its details with a California sexual abuse lawyer. A sexual abuse lawyer will be familiar with new and existing state laws that can be hard to understand without legal guidance and support. Therefore, it is important to avoid a potentially costly delay by consulting a lawyer sooner rather than later.
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How Can a Lawyer Help With My Case?
You do not have to build a legal case on your own. A lawyer can take on the legal and emotional burden of preparing your case for you. For example, a sexual abuse lawyer will do all of the following on your behalf:
- Investigate your case and identify all liable parties
- Collect, organize, and submit compelling evidence
- Ensure your privacy is protected throughout your case
- Prepare a robust case on your behalf
When a lawyer takes on your case, they handle all the details, big and small, so you can focus on yourself and your priorities.
What Compensation Can I Recover if My Lawsuit Is Filed on Time?
By filing a civil lawsuit, you could recover several types of financial damages. When your lawyer determines the value of your case, they will consider the following:
- All medical care related to your abuse
- Physical and emotional pain and suffering
- Changes to your quality of life
- All income loss or reduced earning capacity related to your abuse
Who Are the Potentially Liable Parties in Sexual Abuse Civil Cases?
Potentially liable parties can include those who were responsible for your safety at the time the abuse occurred. That can include church leaders, teachers, school officials and administrators, sports team members and coaches, employers, and property owners and managers. Our attorneys will identify and pursue compensation from all liable parties.
Will My Case Have to Go to Court?
AB 2777 does not require you to take your case to trial for resolution, it simply gives you the option to do so. It also means you have additional time to negotiate a settlement.
The lawyer who represents you can help you steer your case toward a financial settlement. They will:
- Compile medical evidence
- Collect supporting documents
- Interview available witnesses
- Identify all potentially liable parties
Your lawyer can also handle the negotiation process from start to finish. Your lawyer’s goal is to fight for the best possible outcome for you. They will not make a final decision for you, but will guide you toward the most well-informed choice.
Contact Our Team Today
If you have a sexual abuse case and believe the state’s filing deadline has expired, you could have new hope for recovering compensation. At Greenberg Gross, our legal team will explain how California Assembly Bill 2777 affects the statute of limitations and extends your rights.
You are never alone in your pursuit of compensation. Contact one of our team members today to learn more about how hard we fight for survivors.
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