What Damages Are Available to Survivors of Adult Sexual Abuse?
Victims of sexual abuse are entitled to pursue compensation from their abusers just like victims of accidents and other types of intentional acts. Under the 2022 Adult Survivors Act, there is now a limited opportunity for adult survivors of sexual abuse whose cases were barred by the statute of limitations to seek justice by pursuing personal jury claims. If you were sexually assaulted, you have the right to pursue compensation by filing personal injury claims against your abuser and those who protected the abuser. Contact an experienced New York sexual abuse lawyer at Stephen Bilkis & Associates. With a track record of winning substantial sums for victims, we can help you pursue compensation for the abuse you suffered.Adult Survivors Act
The Adult Survivors Act is a new law signed by the governor of New York on May 24, 2022. It gives those who were sexually assaulted as adults a limited period to file lawsuits, despite the fact that the abuse happened years ago and the statute of limitations has expired. The Adult Survivors Act addresses the fact that victims of sexual abuse do not always come forward right away to report the crime. Many victims feel fear, shame, and guilt. It can take a long time to process the events and the emotions associated with them such that they are able to open up and report the event to law enforcement.
In other cases there are other barriers to cases of sexual abuse being reported or property investigated. For example, there is a long-standing problem of female inmates being sexually abused by correctional officers at correctional facilities such as Bedford Hills, Albion, Bayview, Taconic, and the Rose M. Singer Center. Because of fear of retaliation among other things, many sexually abused inmates do not report being attacked. When they do report it, there are many cases where the reports are not appropriately investigated and nothing happens.
Whether the delay in reporting is due to fear or some other reason, by the time some victims of adult sexual abuse are ready to report the abuse, the statute of limitations has passed and nothing can be done. The Adult Survivors Act gives survivors another chance to seek justice. To learn whether you have a claim that can be pursued under the Adult Survivors Act, contact an experienced New York sexual abuse lawyer.Compensation for Sexual Abuse
Whether you were the victim of rape, unwanted touching, or were sexually abused in some other way, you have the right to demand compensation not only from your abuser, but from those who protected the abuser. If the abuse occurred in an institution such as prison, for example, although the abuser may have been one correctional officer, there were likely other correctional officers and prison officials who were aware of the abuse and chose to do nothing about it. There also may have been prison officials who chose not to investigate accusations or chose to discredit the person who made allegations of abuse. They too could be named defendants in a civil suit. If you are not certain who to name as a defendant in your civil lawsuit, discuss your case with an experienced sexual abuse attorney in New York
Compensation for a sexual assault can be for different types of damages. Economic damages may include:
- Medical bills, including bills related to physical injuries as well as for psychological treatment
- Lost wages, including future earning capacity and lost benefits
Non-economic damages may include:
- Pain and suffering for emotional suffering, physical pain, and disfigurement
- Punitive damages, as punishment where the actions of the defendant were particularly egregious and intentional. When it comes to sexual assault, a court is likely to award punitive damages.
The amount of damages depends on many factors and will be different for every case. To chat more about your case, contact an experienced sexual abuse attorney serving New York.Contact Stephen Bilkis & Associates
If you were sexually abused, you have the right to file a claim for significant compensation for the suffering you experienced. Under the new law the window to file your claim is just one year beginning on November 24, 2022 and ending on November 23, 2023. Thus, it’s important to act immediately. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve clients in Manhattan, Bronx, Brooklyn, Staten Island, Nassau County, Suffolk County, Queens, Long Island, and Westchester County.