Does the Adult Survivors Act Apply to Me?
The New York Adult Survivors Act will apply to you if you suffered sexual abuse in New York when you were 18 years of age or older, and you wish to pursue civil claim for compensation against the individual and/or institution that is liable for the act.
One Year Window for Survivors
The Adult Survivors Act in New York has created a one-year window for adult survivors of sexual abuse or assault (who were 18 years or older when the abuse occurred.) The one-year lookback window opens on November 24th, 2022, and it will close on November 23rd, 2023. During this period, survivors of sexual abuse can sue not just the abuser, but also the institution or employer that was associated with the abuser as a negligent party or enabled the abuser.
Regardless if the statute of limitations on your sexual abuse claim may have expired earlier, you are still eligible under the Adult Survivors Act to file a civil lawsuit to claim damages. If you suffered physical, emotional or other types of injuries resulting from a sexual offense (defined under Article 130); or resulting from incest (defined under Sections 255.26 / 255.27), you can sue the offenders and their enablers for damages.
Sexual offenses in these cases include (but are not limited to) any form of non-consensual sexual contact, sexual misconduct, sexual abuse, sexual assault or rape. Thanks to the Adult Survivors Act, it does not matter when or how long ago the sexual offense occurred. As an adult survivor, you can sue any person, corporation, or institution that caused or contributed to the offense.
What Kind of Damages can You Claim in a Sexual Abuse Case?
Following your harrowing experience of sexual abuse or sexual assault as an adult, you may have gone through an extended period of physical and psychological pain and suffering, including anxiety and depression or post-traumatic stress disorder (PTSD). Attorney Michael Lamonsoff will fight to recover the maximum financial compensation on your behalf for medical bills, loss of income, pain and suffering, and possibly even punitive damages.
You Need an Experienced Adult Survivors Act Attorney who will Fight for Your Rights
The law is on your side in these cases as long as your attorney is able to make full use of the legal provisions and build a formidable case for damages against the defendants. The Adult Survivors Act has established special trial preference to ensure efficient case resolution. The Act requires that the NY child administrative judge of the OCA promulgate rules related to the timely adjudication of the sexual abuse claims revived under the Act.
Considering the limited window of opportunity that this Act provides to bring the sexual offenders to justice, it’s time to start preparing now and get a highly rated Adult Survivors Act lawyer such as Michael S. Lamonsoff, Esq. on your side. It’s possible that the sexual abuse in your case may have occurred years or even decades ago.
It’s crucial to remember that the burden of proof in civil cases lies on you (the victim), which means you will need to cross high evidentiary hurdles to win your case. Attorney Michael S. Lamonsoff has the necessary legal skills, experience, and resources to aggressively pursue a case for maximum economic, compensatory, and possibly punitive damages and achieve the best possible outcome. Call us at 212-962-1020 or fill out our online contact form to schedule a free and confidential consultation with us today.