What you should know about the New York child victims act?

What You Should Know About the New York Child Victims Act?

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The Statute of Limitations Prior to the Child Victims Act, the statute of limitations in New York for an individual to file a civil claim of sexual abuse of a minor expired when the individual turned 23 years of age. In stark contrast, under the Child Victims Act, the statute of limitations to file a civil claim of sexual abuse of a minor does not expire until the individual turns 55 years of age.

One-Year Lookback Window In addition to extending the statute of limitations, the Child Victims Act opens a window allowing any individual who alleges to have suffered sexual abuse as a minor whose claim previously had been barred by the statute of limitations to file a civil claim during a specific one-year period.

Removal of Notice of Claim Requirements The Child Victims Act changes that requirement with respect to claims of sexual abuse. Now, under the Child Victims Act, individuals who allege to have suffered sexual abuse as a minor are no longer required to file a notice of claim as a pre-requisite to filing a civil claim against a public school district, governmental entity or municipality.

Steps to Take Today: 1. Identify and obtain complete copies of any general liability insurance policy that named the institution as insured or additional insured dating back as far as possible.

2. Purchase per occurrence general liability insurance policies that name the institution as insured or additional insured and designate an employee of the institution to store and maintain complete copies of the insurance policy.

3. Maintain complete personnel files for all employees of the institution for a period of at least 50 years.

For more information or to consult with an experienced sexual abuse attorneys please call Gersowitz Libo & Korek, P.C. at 1- 646-693-3742. www.lawyertime.com