New York State has a “statute of limitations” that determines how long a person has to start a lawsuit. In general, different kinds of claims have different statutes of limitations. And different time periods are applied to the claim depending on how old the injured person was when the claim incident happened.
For example, in New York, negligence lawsuits almost always have a 3 year statute of limitation. That means that when a person is injured by someone else’s action, the injured person has 3 years from the date of the injury to start a lawsuit. After 3 years, the injured person is forever prevented from starting a lawsuit.
When children are abused by an adult, whether it’s sex abuse, physical abuse, or neglect, the child has until his or her 21st birthday to start a lawsuit. We consider this cutoff to be very restrictive because many victims of child sex abuse and other forms of child abuse have difficulty coping with and admitting that there were a victim. Often, such child abuse victims cannot even disclose their abuse to someone else until long after their 21st birthday. This is unfortunate because in such cases, the perpetrator of the abuse or the child’s legal custodian who was responsible for the well being of the child can no longer be sued for causing or allowing the sex abuse or physical abuse or neglect of the child to take place.
Reibman & Weiner represent victims of child sex abuse, child physical abuse and neglect. We have lawsuits against the City of New York Administration for Children’s Services (ACS), and foster care agencies who were responsible for the well being of foster children. In these cases, we successfully pursue compensation for the victims of foster care child abuse. We do so by bringing a lawsuit alleging the violation of Federal Civil Rights of the children by ACS and the responsible foster care agency, and also pursuing negligence causes of action.
If you or anyone you know may have been a victim of child abuse perpetrated by anyone, we can help. But it is important to act fast. It takes time to investigate the facts and the statute of limitations expires when the victim turns 21 years old. Reibman & Weiner wants to help victims of child abuse and child sex abuse. We have a team of experienced lawyers with more than 100 years of combined experience helping victims with serious injuries and complex cases in New York State and Federal Courts. Please call us at 718-522-1743 for a free confidential consultation. If we accept your case you never have to pay a fee unless we are successful.