Criminal Defense Lawyers

What are Common Adult Survivors Act Claims Made Against Healthcare Providers? How Can Legal Counsel Help?

When people go through trauma as children, whether it’s abuse, neglect, or other adversity, the impacts often last long into adulthood. Many states have passed laws extending or reviving the statute of limitations for civil claims by adult survivors of childhood abuse. So what are some common legal claims made by adult survivors under these new laws, and how can a lawyer help? Let’s take a look.

Background on Adult Survivor Laws

Many states have passed “Adult Survivors Acts” in recent years allowing adult survivors of child abuse to bring civil claims years or even decades after the abuse occurred. For instance, New York’s Child Victims Act opened a 1-year lookback window for survivors of any age to file claims. Other states like California, New Jersey, and Arizona have enacted similar laws. The rationale is that it often takes survivors many years to come to terms with their abuse, and statutes of limitations that expired when they were still children were unjust. These new laws give them renewed opportunity for justice and accountability.

Common Legal Claims and Causes of Action

When the lookback window opens, what legal claims can adult survivors typically make? Here are some examples of common causes of action:

• Negligence – Healthcare providers, schools, churches, youth organizations, and other institutions had a duty to protect children in their care from harm and failed to exercise reasonable care. This enables a negligence claim when abuse occurred on their watch.
• Breach of fiduciary duty – Doctors, clergy, coaches, and other authority figures breached their fiduciary duty not to exploit vulnerable children entrusted to them.
• Failure to report – Certain professionals are mandatory reporters of child abuse and failed in their legal duty to report it.
• Intentional infliction of emotional distress – Abusers intentionally engaged in extreme and outrageous conduct that resulted in severe emotional trauma.
• Fraudulent misrepresentation – Abusers tricked children into inappropriate situations by deception and false pretenses.

In many cases, institutions are named as defendants alongside individual perpetrators. For example, a former Boy Scout may sue the local scout troop and national organization for failing to protect him from abuse by a scoutmaster. The legal claims focus on the entity’s negligent supervision, concealment, or other failures around the abuse.

How Can a Lawyer Help?

Litigating adult survivor claims requires specialized legal expertise. An attorney experienced in child abuse cases can provide invaluable support:

• Reviewing the statute of limitations laws in your state to see what claims are feasible.
• Collecting records, statements, and other evidence around the abuse allegations.
• Identifying all responsible parties who failed to protect you as a child.
• Filing the lawsuit and navigating the civil litigation process.
• Taking depositions, arguing motions, and building the strongest case possible.
• Valuing the lifetime impacts of the abuse through expert testimony.
• Negotiating a settlement or litigating at trial.

Having an advocate in your corner makes all the difference when seeking justice as an adult survivor of childhood trauma. An attorney who believes in you and your story can fight to hold abusers and enablers accountable. They know how to build a compelling case while handling it sensitively. Many law firms are providing free consultations to adult survivors during lookback windows, so this may be the ideal time to explore your legal options and whether litigation is right for you. The system failed you once as a child, but the right lawyer can help ensure you are not failed again.

Potential Compensation in Adult Survivor Claims

One question on many survivors’ minds is what kind of compensation they may recover through these civil claims. This depends on many factors in the case, but damages can include:

• Past and future medical expenses, like therapy and counseling costs
• Lost wages and diminished earning capacity
• Pain and suffering
• PTSD and emotional distress
• Punitive damages in egregious cases

Settlements and jury awards can reach hundreds of thousands or millions of dollars depending on the severity of abuse, strength of evidence, entities involved, and other circumstances. While money cannot undo the trauma, it provides recognition and resources to help survivors move forward.

Overcoming Potential Legal Defenses

Institutions and perpetrators often fight these cases aggressively. They may try to dispute the abuse occurred, claim expired statutes of limitation, or argue they should not be liable for various reasons. An experienced lawyer can anticipate these defenses and build strategies to overcome them. For example:

• Subpoenaing third-party records to corroborate the abuse claims.
• Using expert testimony to explain delayed reporting by traumatized children.
• Filing creative “John Doe” lawsuits until the defendant’s identity is uncovered.
• Argue the statute of limitations only began running once the victim recovered memories or made the connection between the abuse and the harm.
• Hold supervisors and entities liable for negligent supervision, cover-ups, and failing to implement proper safeguards.

With perseverance and dedication, even the strongest defenses can often be overcome with the right legal approach.

Get Help from an Experienced Lawyer

Adult survivors of child abuse have new opportunities for justice in many states. While the journey is difficult, the right lawyer can help you take back power and hold accountable those that failed to protect you. Consult with a legal team experienced in these sensitive cases. Many firms are providing free, confidential consultations for survivors looking to understand their rights and legal options during lookback windows. You don’t have to go it alone. With an advocate guiding you, justice may finally be within reach.