You have 22 years from the date of your 18th birthday to file a lawsuit against the juvenile hall for sexual abuse. For victims of child sexual abuse at juvenile halls throughout the state, it is important to have a thorough understanding of the time available to pursue claims. Many victims of child sex abuse mistakenly believe that they do not have the right to sue because their abuse happened many years ago. However, under California law, victims of child sexual abuse have one of the longest timeframes to pursue a claim when compared to other case types, because of this, it is important that victims who are considering the possibility of pursuing a lawsuit for Nidorf Juvenile hall sexual abuse to seek legal assistance to confirm whether they still have time to file a claim.
If you would like to explore your legal options and find out whether you still have time to file your Barry J. Nidorf sexual assault claim, contact us today. Our child sexual abuse lawyers here at the Normandie Law Firm are ready to take care of your claim and help you recover the compensation that you are owed for the abuse that you suffered during the time that you spent at Nidorf juvenile hall.
Understanding the Statute of Limitations to Sue Nidorf Juvenile Hall for Sexual Abuse
What is a statute of limitations? A statute of limitations determines the total length of time that claimants have to file their claims. All claims are subject to a statute of limitations. If claimants fail to file their lawsuits on time, then they can lose their right to sue entirely. In other words, claimants will not be able to pursue a claim to recover compensation for the harm that they suffered. Juvenile hall sexual abuse cases are all subject to a statute of limitations.
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The Amount of Time You Have to File a Lawsuit against Nidorf Juvenile Hall for Sexual Abuse
As mentioned above, all claims, including child sex abuse cases involving juvenile halls, are subject to a statute of limitations. If you suffered sexual abuse during the time that you were detained at juvenile hall, you might have many questions about how long you have to sue Nidorf Juvenile Hall for sexual abuse. In California, victims of child sex abuse have until the age of 40 to file their claims; this is 22-years after the victims’ 18th birthday. In addition, there is a discovery rule. This means that victims who may have repressed memories of the abuse or who did not know that that the harm that they suffered was a direct result of the abuse that they suffered as minors (which is common in these cases) have 5-years from the date that they discovered the harm to pursue a claim. This applies even if they are over 40 years old.
Can I Sue Nidorf Juvenile Hall if the Statute of Limitations has Already Passed?
The answer to this question depends on your situation. As already discussed, child sex abuse claims for abuse at juvenile hall are subject to a 22-year statute of limitations with a 5-year discovery period. However, it is likely that many victims with valid claims do not file their claims on time. What happens if someone misses the original statute of limitations?
If a victim misses the 22-year filing period because they did not know of the abuse or of the harm that they suffered because of the abuse, then they will still be able to file a claim under the 5-year discovery period. Under the 5-year discovery period, the age of the claimant does not matter. This means that even if the victim is 55 years old and just learning of the trauma that he or she suppressed after being sexually abused as a child, they can sue as long as they do so within 5 years of learning of the harm that they suffered. This discovery rule is essential in these types of cases because victims often suppress the traumatic memories of their sexual abuse. Victims can suffer a host of mental health issues (and other issues like drug and alcohol addiction) and not know that these issues are directly caused by childhood sexual abuse until they undergo extensive counseling/therapy to unlock repressed memories.
What if I missed the filing deadline but already knew of the harm caused by childhood sexual abuse at the juvenile hall? If this is the case, you will not be able to file under the discovery period, as you already knew of the harm suffered. The only deadline that applies in this case is the 22-year deadline, so missing this timeframe is equivalent to losing the right to sue.
What if I missed the filing deadline because of the lawyer that was handling my case? If you missed the deadline to file your claim because of the negligence or incompetence of the lawyer handling your claim, the court could possibly make an exception and allow you to file your claim. You will need to petition the court, and there is no guarantee that the court will grant an extension.
For more information about the time available to file your lawsuit, contact our Nidorf Juvenile Hall sexual abuse attorneys today.
Nidorf Juvenile Hall Sexual Abuse Class Action Lawsuits
Even if you are interested in participating in a Nidorf Juvenile Hall class action lawsuit, the same deadline applies. Because so many people suffered sexual abuse in this juvenile hall, class action lawsuits are likely. For more information about participating in a class action lawsuit, contact us today.
Speak with Our Nidorf Juvenile Hall Sexual Abuse Lawyers
Here at the Normandie Law Firm, our team has decades of experience handling sexual abuse claims and fighting for the rights of victims. We offer free legal services, which include free consultations and free second opinions, during which our lawyers will be available to answer all your questions and address all your concerns. We offer a Zero-Fee Guarantee, so you will not pay upfront fees to speak with our lawyers. We also work on contingency, so our clients will not be required to pay anything unless their claims are successful. If you do not win, you will not be required to pay anything.
If you are ready to speak with our lawyers, contact us today.
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