You have twenty-two years with a five-year discovery period to file your lawsuit. Under California law, victims of child sex abuse have one of the longest timeframes to pursue claims. If you were a victim of Tulare County Youth Facility sexual abuse, you likely have may questions about the time available to file a Tulare County Youth Facility sexual assault claim. For more information on the amount of time you have to file a lawsuit against Tulare County Youth Facility for sexual abuse, contact us today. Our team is ready to help.
What is the Statute of Limitations to Sue Tulare County Youth Facility for Sexual Abuse?
Child sex abuse claims are subject to a twenty-two-year statute of limitations with a five-year discovery period. What is a statute of limitations? A statute of limitations determines the total length of time that claimants have to file their claims. If claimants do not file their claims on time, then they risk losing their right to sue entirely. This means that even if victims have a valid claim, they may be ineligible to file a claim if they wait too long to file.
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More on How Long You Have to Sue Tulare County Youth Facility for Sexual Abuse
As already mentioned, child sex abuse cases are subject to a twenty-two-year deadline with a five-year discovery rule. The statute of limitations starts when the victim turns eighteen-years-old. The victim has twenty-two years after the age of eighteen to sue – or until the age of forty. This is the original statute of limitations. However, we must also discuss the discovery rule. These claims are subject to a five-year discovery rule, which gives claimants five years from the date of discovering the abuse or the harm caused by the abuse to file their claims. So, what exactly does this mean? If a victim does not file their claims on time because of repressed memories or trauma blocks, for example, they will have time to sue after making the discovery of the abuse (whether it is through counseling, therapy, or other treatment). This applies even if the victim is passed forty.
Can I Sue Tulare County Youth Facility If the Statute of Limitations has Already Passed?
Yes, although only in certain circumstances. More specifically, if you missed the filing deadline because you had not yet discovered the abuse and the resulting harm, then you could still sue under the five-year discovery rule allowed by California law. However, if you were aware of the abuse and resulting harm yet did not take any action within the twenty-two-year filing period, you will no longer have the right to sue – and you will not qualify to file under the discovery rule. In addition, if you would have been eligible to file a claim under the discovery rule but failed to file within the five years allowed, then you will no longer be able to file.
The only exception is if you missed your right to sue because of the incompetence of a lawyer (that is, legal malpractice). If this is the case, you must petition the court to be allowed to still file a claim; there is no guarantee that the court will let you file passed the deadline.
To ensure that you have a thorough understanding of how long you have to sue Tulare County Youth Facility for sexual abuse – and file your claim on time – contact our Tulare County Youth Facility sexual abuse attorneys as soon as possible.
Participating in a Tulare County Youth Facility Class Action Lawsuit
Can I participate in a Tulare County Youth Facility sexual abuse class action lawsuit? Yes, you can participate in a class action lawsuit. Class action claims are common in instances of juvenile hall sexual abuse because there are so many victims that were harmed in the same way. Class action claims are, of course, subject to deadlines. For more information about participating in a class action claim, contact us today.
Contact Our Tulare County Youth Facility Sexual Abuse Lawyers
Here at the Normandie Law Firm, our sexual abuse lawyers are ready to take on your claim and help you get justice. Our lawyers are ready to represent your case against Tulare County Youth Facility and get you the highest recovery available for your claim. Our team is proud to offer free legal services, which include free consultations and free second opinions. During these free legal services, our juvenile hall sexual abuse lawyers will answer all your questions and address all your concerns, making sure that our clients will have all the information that they need to fight for their rights. We offer a Zero-Fee Guarantee, so our clients will never have to worry about paying upfront legal fees for our legal services. Since we also work on contingency, our clients will not be required to pay anything until their claims are successful. If you do not win, you simply will not pay anything.
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