A statute of limitations is the legal deadline for filing a civil claim. Once that window closes, your right to bring a case, no matter how valid, can be permanently lost. What many people don’t realize is that this deadline isn’t always clear-cut. In fact, determining when the statute of limitations begins and whether it has expired can be incredibly complex.
The time limit to file a claim depends on several factors, including the type of harm involved, the type of claim filed (i.e. criminal vs. civil), the state where the harm occurred, the survivor’s age at the time of the incident, and even the year(s) it happened, since laws often change. For example, someone who experienced sexual abuse as a child may have more time to file than someone who experienced workplace harassment as an adult. In some states, deadlines are as short as one or two years, while others allow much longer timeframes for certain types of abuse or trauma.
In many cases, the statute of limitations may be extended if the survivor didn’t immediately realize the harm they suffered or its long-term impact. For example, a survivor of abuse may have known and understood the physical injuries they endured but not be aware of the long-term psychological impact the abuse may have caused. If a person is later diagnosed with PTSD or another trauma-related condition that explains why they couldn’t come forward sooner, that diagnosis could reset or extend the filing deadline depending on the laws of the applicable state. Additionally, most statutes are paused while the survivor is still a minor, or reopened when new facts come to light, such as the discovery of a broader pattern of abuse by the same individual or institution. All of these variables can dramatically affect the timeline for legal action, and they’re rarely obvious without legal guidance.
Because the rules are so complicated and the consequences of waiting can be permanent, it’s essential to speak with an experienced attorney. You don’t have to be ready to file a claim to ask for legal advice—it can help just to understand your options.
If you are interested in speaking with a lawyer experienced in representing survivors of sexual abuse, you can contact Andrews & Thornton Law Firm at (949)748-1000, or visit https://www.ldssurvivorclaim.com/. Andrews & Thornton is a firm experienced in a broad range of civil cases, with a strong focus on representing survivors of sexual and other forms of abuse. Attorney Anne Andrews of Andrews & Thornton brings over three decades of experience in assessing and litigating sensitive civil matters. Their knowledge of evolving statutes and procedural requirements, combined with their extensive experience representing clients navigating deep pain and personal trauma, makes them uniquely qualified to advise clients on how best to preserve or pursue their rights.
This is Attorney Advertising sponsored by Anne Andrews of Andrews & Thornton, 4701 Von Karman Ave., Ste 300, Newport Beach, CA 92660.