How Long Do I Have to File a Kearny Mesa Juvenile Hall Sexual Abuse Lawsuit?
You have 22 years to initiate a lawsuit for sexual abuse at Kearny Mesa Juvenile Hall, starting from the age of consent under California law. That means your deadline for a lawsuit is the day you turn 40 years old. But when it comes to sexual abuse, is it fair to place an age limit on how long you have for a lawsuit?
We don’t think so, and it’s clear that others feel the same way based on how many people contact us with the following question:
Can I sue Kearny Mesa Juvenile Hall if the statute of limitations has already passed?
In actuality, there is a way you can bypass the 22-year limit for a Kearny Mesa Juvenile Hall sexual assault lawsuit. In this article, we will explore the subject of how to determine the amount of time you have to file a lawsuit against Kearny Mesa Juvenile Hall for sexual abuse. However, the legal system can be very confusing for the average person, so you should verify the exact deadline for a sexual abuse claim with one of our legal experts. Simply contact us at your earliest convenience to speak to a Kearny Mesa Juvenile Hall sexual abuse attorney.
$465,000
Slip & Fall
$600,000
Assault and Battery
$525,000
Head Trauma
$900,000
Hand/Wrist and Back Injury
$599,000
Slip And Fall Accident
$600,000
Shoulder Injury
Statute of Limitations to Sue Kearny Mesa Juvenile Hall for Sexual Abuse
As a general rule, there is a time limit of 22 years from your 18th birthday to sue for incidents of sexual abuse while you were a child. This is no different than any other lawsuit, where you have a strict deadline that’s imposed by the court system.
However, the laws pertaining to sexual abuse of minors have greatly evolved over the years. One of the biggest changes has to do with the discovery of injuries from sexual abuse, which may not be recognized by the victim for many years. With that in mind, it would be unfair to say that the age of 40 is long enough for adult survivors of child sexual assault to seek justice from the civil courts.
Thankfully, there is a provision known as the discovery rule, which makes it possible to file a lawsuit past the statute of limitations for a Kearny Mesa Juvenile Hall sexual abuse claim.
The Discovery Rule for Those Who were Sexually Abused at Kearny Mesa Juvenile Hall
So, let’s say you are over the age of 40, but you are still interested in filing a sexual abuse lawsuit against Kearny Mesa Juvenile Hall. Are there any circumstances that can extend how long you have to sue Kearny Mesa Juvenile Hall for sexual abuse?
Yes, you can have extra time for a lawsuit if there is a delayed discovery of injury that is clearly associated with sexual misconduct by an adult while you were under 18 years old. Here is an example of how the discovery rule can help a victim of sexual assault:
A 14 year old boy is held at Kearny Mesa Juvenile Hall while waiting to be sentenced by the juvenile court system. He is scared and overwhelmed by his new surroundings, and is relieved when a probation officer takes him under his wing. Sadly, this officer is a child molester that has groomed and abused male inmates for many years.
After gaining the boy’s trust with private talks and special privileges, he molests him in his cell late at night. Though he is disgusted and frightened, the inmate knows what happens to snitches at these facilities. He keeps the secret to himself and continues to do so for the next several decades.
However, the strain of living with the trauma of sexual abuse results in mental health disorders that become less manageable as time goes on. In his 50s, the former inmate is finally connected with a therapist that has extensive experience with sexual assault victims. Finally, he can open up about the abuse he suffered, which allows him to recognize the harm that has been caused by these incidents.
The victim, as we mentioned, is in his 50s, but it’s clear that the discovery of psychological injuries did not occur until he was older than 40. That means he has a 5 year window from the date of discovery to initiate a claim for monetary damages, like mental anguish, medical expenses, and pain and suffering.
Filing a Kearny Mesa Juvenile Hall Class Action Lawsuit – How Long Do I have?
The amount of time for a class action lawsuit is no different than the statute of limitations for a personal injury claim. Thus, you will need to file a Kearny Mesa Juvenile Hall sexual abuse class action lawsuit by one of these dates:
- Your 40th birthday, or 22 years after you are the legal age of consent in California
- 5 years after the realization of one or more injuries from sexual abuse at Kearny Mesa Juvenile Hall
If you are interested in joining a class action lawsuit, please contact our law firm as soon as possible. Our team of Kearny Mesa Juvenile Hall sexual abuse lawyers will take immediate action on your case and fight for the compensation you deserve as a victim of negligence by the San Diego County Probation Department.
Contact the Offices of Kenmore Law Group
The impact of child abuse is unique for each and every victim, but thankfully, there are laws in place to bring justice to those who were subjected to sexual misconduct at a California juvenile hall. Consulting an experienced attorney is the first step when it comes to a Kearny Mesa Juvenile Hall sexual assault lawsuit.
Our law firm operates under a policy known as the Zero Fee Guarantee, so you will never pay out of pocket for legal fees. Our payment is included in your settlement check, which means we don’t make a penny unless we win your case. As you can see, there is nothing to lose by taking a moment to contact us and scheduling a free consultation with a child sexual abuse lawsuit attorney.