Child Victims Act
Our attorneys are recognized as leaders in New York personal injury trial law. Six of our attorneys have achieved AV Preeminent status with Martindale-Hubbell, representing the highest ranking for ethical standards and legal ability. Five of our attorneys have been featured as Super Lawyers in the New York Metropolitan Area, as published in the Magazine Section of the New York Times. Our firm is ranked among the Best Lawyers in the State of New York and is ranked among the Best Law Firms in the New York Metro area by US News & World Report in the field of medical malpractice law.Our Attorneys Protect the Rights of Those That Suffered Abuse as Children
The attorneys at Queller, Fisher, Washor, Fuchs & Kool are currently reviewing and evaluating cases to be commenced under the Child Victims Act. A consultation with us would be completely free of charge. The only fee we ever charge is a contingency fee, which is a percentage of the proceeds from a successful recovery - by way of settlement, verdict or judgment.What is the Child Victims Act?
Before passage of this law, New York required most survivors of child sexual abuse to file a civil action against their abusers not later than the age of 23. Yet studies have shown that most survivors fail to report or are ill equipped to come to terms with their abuse by the tender age of 23. In fact, a 2014 German study of 1,050 childhood victims concluded that the average age for reporting abuse was 52. The lament borne from such a restrictive statute of limitations was laid bare in 2006 when New York State’s highest court, the Court of Appeals, was compelled to dismiss plaintiffs’ claims of alleged sexual abuse committed by priests over a multi-year period because the statute of limitations had expired. There the Court noted, “Regrettably, many of these claims are time-barred, and absent relief from the Legislature will remain unredressed.” Zumpano v. Quinn, 6 N.Y.3d 666 (2006). With passage of the Child Victims Act, the Legislature has answered the call. Going forward, survivors of child sexual abuse have until on or before age 55 to file a civil action.
On February 14, 2019, New York Governor Andrew Cuomo signed the Child Victims Act into law. New York State Senator Brad Hoylman of Manhattan’s 27th Senate District was the main sponsor of Senate Bill S2440, which, essentially, “provides for the timeliness of commencing criminal and civil action for sexual offenses committed against children.” Specifically, the law provides that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age or the offense is reported to law enforcement, whichever occurs earlier. In the context of civil litigation, which is the area of law we focus on here at Queller, Fisher, Washor, Fuchs & Kool, the law provides that a civil action for conduct constituting a sexual offense against a child shall be brought on or before the child turns 55 years of age.
This extension of the statute of limitations is embodied in New York Civil Practice Law and Rules § 208 (b). This legislation opens the doors of justice to the thousands of survivors of child sexual abuse in New York State by prospectively extending the statute of limitations.The Law Revives Time-Barred Claims
But what about those individuals who were child victims of a sexual offense in the past, and who never filed a claim? What about those victims who had filed a lawsuit, but said lawsuit was dismissed as time barred (under the old statute of limitations), or due to a failure to file a Notice of Claim (as against a municipality) or Notice of Intention to File Claim (as against the State of New York)? What about their rights? The law recognizes that there are countless individuals who suffered injury as a consequence of a sexual offense committed against them when they were a child. This law breathes new life into their quest to hold accountable those perpetrators who had caused them physical, psychological or other injury.
To that end, the Child Victims Act created New York Civil Practice Law and Rules § 214-g. Assuming the victim is still 55 years of age or younger, this section revives every civil action that was previously deemed time barred, or previously dismissed before the law’s effective date on the grounds that such action was time barred and/or had failed to properly file a Notice of Claim or Notice of Intention to File Claim. It creates a one-year window in which adult survivors of child sexual abuse would be permitted to file a civil action; that window opens not earlier than six months after the February 14, 2019 effective date of the new law (or August 14, 2019) and closes one year and six months after the law’s effective date (or August 14, 2020). Moreover, any action which has been revived under § 214-g is entitled to a special trial preference, meaning it will reach a jury in an expedited fashion once pre-trial discovery has been completed.
Those perpetrators who remain hidden from law enforcement and continue to pose a threat to public safety will now face the call of justice.The Law Dispenses with Notice of Claim and Notice of Intention to File Claim Requirements
Under the Child Victims Act, the laws pertaining to municipal Notice of Claim and state Notice of Intention to File Claim requirements have been modified. New York General Municipal Law § 50-e(8) added language dispensing with the requirement that a Notice of Claim be filed as a precondition to a lawsuit filed under the Child Victims Act. Also, General Municipal Law § 50-i dispenses with the precondition requirements attendant to the actual presentation and filing of the lawsuit itself. Thus, a lawsuit filed under the Child Victims Act need not adhere to the restrictive time and pleading requirements that § 50-e and § 50-i require of other suits brought against a municipality. Education Law § 3813 was amended, too, and the foregoing Notice of Claim requirements do not apply to any claim brought under the Child Victims Act against a teacher or school staff employee.
Similarly, the requirements set forth by Court of Claims Act § 10 do not apply. This section ordinarily governs claims seeking damages for personal injuries caused by the negligence of an employee of the state. Thus, a claim against an officer or employee of the State of New York, to recover damages for injury as a result of sexual abuse, need not comply with the restrictive time requirements that § 10 requires of other suits brought against the state.Which Institutions Might be Liable?
Any organization that works with children and had a child molester as an employee or volunteer. This would include churches, public and private schools, the Boy Scouts and day care centers, to name a few.What Type of Claim Could I Make?
The Child Victim Act extends the statute of limitations for any type of claim that arises from injuries caused by sexual offenses committed against a minor. The improper conduct can manifest by way of intentional tort, negligent supervision, negligent hiring and, as well, ordinary negligence. Our lawyers possess the legal acumen to properly discern which amongst these causes of action best suits the facts of your case.Does the Child Victims Act Make it Easier for Victims to Win Lawsuits?
The Child Victims Act makes it possible for some victims to sue when that possibility didn't previously exist. That said, it does not lessen the burden of proof which victims must meet to convince a jury of the merits of one’s case. A party’s claim must be established by a fair preponderance of the credible evidence. A fair preponderance means that the overall quality of the evidence more nearly represents what the claimant alleges actually happened, as compared to any stance taken in opposition. Put another way, the prevailing party in a civil case presents evidence that is more persuasive than what the other side advances. A plaintiff must prove to a jury that he or she was sexually abused, and that a diocese or other institution knew or should have known that the perpetrator was a molester. A plaintiff must prove that the sexual abuse was a substantial factor in causing his or her injury and damages.Do I Have the Right to Bring a Lawsuit Under the Child Victims Act?
Assuming you are age 55 years or younger, you have the right to bring a lawsuit under the Child Victims Act, for sexual abuse committed against you when you were under the age of 18. If you previously brought such an action, but it was dismissed as time barred or for failing to comply with the Notice of Claim requirements, you can revive such action. The revival action must be filed not sooner than August 14, 2019 and not later than August 14, 2020.How Much is my Child Victims Act Case Worth?
As with any personal injury lawsuit, each case’s valuation must be determined on its own facts and merits. The attorneys of Queller, Fisher, Washor, Fuchs & Kool pride ourselves in thoroughly investigating and relentlessly preparing the facts of each case. We immerse ourselves in the law governing the claim and proceedings. We understand that maximum valuation is a direct byproduct of thorough preparation. To this end, we litigate each case as if it were our only one. With these precepts in mind, we would be pleased to discuss the potential valuation of your case, as well as all mitigating and augmenting factors.