Child molestation is an unthinkable act. Even so, it still occurs in our advanced society. Fortunately, there is a legal avenue child sexual abuse survivors may use to recover money damages for the harm done to them. However, the deadline to bring a lawsuit varies widely and depends on the facts of the case.
The time period for filing a lawsuit is known as the “statute of limitations.” The length of the statute of limitations depends on the nature of the lawsuit. For example, most California car accident cases must be filed within two years of the date of the collision.
Bringing a lawsuit within the time period prescribed by the statute of limitations is critical. If your filing is late, it will likely be dismissed by the court.
California law provides a relatively generous statute of limitations for childhood sexual abuse. Generally speaking, a victim has at least until the age of 26 to file a case. However, the time period varies widely, depending on several factors like these:
• when the person turns 18;
• when the person discovers or should have discovered a connection between childhood sexual abuse and adulthood psychological injury or illness; and
• who is being sued.
The law also contains special provisions that apply when a company or employer knew or should have known about an employee’s “unlawful sexual conduct” but did not take reasonable action to prevent it in the future.
Calculating the deadline for filing a suit in a childhood sexual abuse case is complicated because of all of the factors written into the law. An attorney who is experienced in California law in this area can ensure that your rights are protected.
If you or someone you know has been the victim of molestation or assault, please contact Alexander Law Group, LLP immediately to discuss your rights and the legal care that we can provide. Call 888.777.1776 right now, for a free, confidential, and personal consultation with one of our attorneys or contact us online.