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Help in any state New York Child Victims Act

New York Child Victims Act

The New York Child Victims Act makes a necessary change to long standing precedent in statutes of limitations in child sexual assault cases. New York Governor Andrew Cuomo has made this Act one of his top initiatives for 2018-19, and after the Legislature voted to approve the legislation on Monday Jan 28th,2019, it now heads to the Governor’s desk for his signature.

The Child Victims Act will extend the statute of limitations on child sexual abuse crimes to the age of 28 in criminal cases and the age of 50 in civil cases, with a one year-window to bring civil claims for victims below that age limit.

For more information on the act and if you feel that a claim can be revived, contact us today.

(800) 686-9921

Filing a Civil Lawsuit – Child Sex Abuse Lawyers

A civil lawsuit has several components. After we do an investigation and we are ready to file, we file what’s called a complaint. The complaint is actually the lawsuit that’s filed against the institution, the perpetrators, etc. That starts the legal process. Typically, the defendants might file what’s called a motion to dismiss if there’s statute of limitations issues, which when I’m representing adult survivors, that comes up a lot. And I’ve dealt with these issues across the country. And it’s a complicated issue, one that I deal with literally on a daily basis.

If and when we get by the motion to dismiss, we’re into what’s called the discovery phase. The defendants file an answer to the complaint, and then we’re able to take depositions, do what’s called interrogatories where we ask written questions, ask for documents. Each side exchanges documents, etc. That’s sort of the meat of the lawsuit as you’re preparing for trial. Ultimately, we set the case for a trial, and that’s where we go before a jury and we present our case.

Before that happens, there’s a mediation. That’s a settlement conference where most courts require that now. We sit down with an independent person and talk about settlement issues. If it doesn’t settle, we go to trial. And for me, the trial is the best part. I’ve been there, I love it. I enjoy being able to represent the victim, and hold the institution accountable, and really present the evidence and lay it out for a jury to see what really happened.

I know a lot of victims are so nervous about actually having a deposition or testifying in trial. But by the time that comes around, they’re so empowered that they cannot wait to get up and tell their story. And I think it’s an important part of the healing process, and it actually is a very positive thing for a victim who’s participating in a civil lawsuit.

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