Wittenstein & Wittenstein, Esqs. is New York City’s most renowned child injury law firm, serving the community for over sixty years. Since the passage of The Child Victims Act, Senate Bill Section 2440, in February, 2019, we’ve been successfully handling claims for victims of abuse, even if the incident happened many years ago. The law was amended in May, 2020, to allow cases to be filed until August, 2021, no matter how long ago the abuse occurred. We are handling these cases on a contingency basis, so we only get paid if we’re successful in collecting compensation for you. Please call Queens child victims act attorney Alyce Wittenstein at 718-261-8114 for a free confidential evaluation of your case.
The Importance Of The Child Victims Act
Prior to the passage of the Child Victims Act, most survivors of child sexual abuse were required to file an action against their abusers before turning 24 years old. In Zumpano v. Quinn, a victim’s claim of abuse for many years by priests, was dismissed. The court noted that it was “regrettable” that such claims were time barred, spurring a movement to change the law. New York State Senator Brad Hoylman spearheaded this effort to extend the statute of limitations for cases of child sexual abuse. The Child Victims Act allows claimants to file any time before their 55th birthday, opening the doors of justice to many more survivors of abuse. There are many other qualifications and regulations that apply. That’s why it’s important to work with an experienced Queens child victims act attorney that knows how to help you get justice.
The Child Victims Act Allows New and Previously Filed Claims
The act not only allows new claims, but also permits refiling cases that were previously dismissed as time barred based on the statute of limitations or notice of claim requirements against a municipality in New York. Under § 214-g, these resurrected actions are entitled to a preference on the trial calendar, so that they receive an expedited opportunity to get to a jury quickly once the discovery process has been completed. The goal of the Child Victims Act is to prosecute sexual abuse offenders that have evaded law enforcement and continue to prey on young people.
Who Can Be Sued Under the Child Victims Act?
The person that committed the abuse, persons that covered up for them or were aware of the abuse, or any other responsible persons can be sued. More importantly, as individuals rarely have the financial ability to pay judgment on lawsuits, claims can be made against the institutions that the abusers worked or volunteered for. This includes:
- Public private and parochial schools;
- Churches, synagouges, mosques, and other religious institutions;
- Day camps and sleepaway camps;
- Boy scouts and girl scouts;
- Day care centers;
- Sports leagues;
- After school programs;
What Claims Can Be Made Under The Child Victims Act?
The Child Victims Act extends the statute of limitations for all claims arising out of sexual offenses committed against children for negligence, recklessness, and intentional acts. Claims against the responsible organization are often based on negligent hiring, failure to protect, and failure to terminate the employment of the abusers after they became aware of the conduct. Since the Act was passed, many claimants from the same institution are coming out with similar horror stories of abuse. An experienced Queens child victims act attorney can guide you through this progress while supporting your emotional healing.
How Much Compensation Can Be Collected Under the Child Victims Act?
The value of any personal injury case is based on how badly harmed the claimed is by the actions of the perpetrator(s.) For victims of sexual abuse, this would take into consideration the age of the victim, the type of abuse, the duration of the abuse, and the impact it had on the life of the victim. The amount of compensation is also determined by how well the case is presented to the insurance company or to a jury. Hiring an experienced NYC Child Victims Act attorney that knows how to prepare and present your case will result in a higher amount of compensation.
Queens Child Victims Act Attorney
If you or somebody you care about was a victim of sexual abuse when they were a child, and is currently less than 55 years old, they are entitled to a free consultation with a NYC Child Victims Act Attorney. Child injury attorney Alyce Wittenstein, Esq. will patiently discuss your experience and advise you about your legal options. Call Queens child victims act attorney, Wittenstein & Wittenstein at 718-261-8114 for a free confidential case review.