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What is the New York Adult Survivors Act?

On May 24, 2022, New York State passed the Adult Survivors Act(S66). The ASA provides a limited window until November 23, 2023, allowing victims of sexual assault who were 18 years old or older at the time of the occurrence to bring lawsuits for the offense regardless of how long ago it was committed. The law in effect overrides the current shortened State statute of limitations and allows victims to bring a lawsuit against the perpetrator and any institutions and/or employers that knew or should have known that the sexual assault and abuse was taking place. Some of the common examples are universities or colleges, hospitals, counselors, coaches, and doctors. 

This long-overdue Statute recognizes that many sexual assault survivors are reluctant to report and/or act on the event because of shame, guilt, the fear of being stigmatized, re-experiencing the event, and depression, amongst other painful feelings. Accordingly, the ASA eliminates the statute of limitations allowing victims to file claims that would have otherwise been time-barred. The resulting lawsuits empower those who were rendered powerless by their assailants. It allows for victims who were emotionally unprepared to come forward, to finally seek closure by action. If you seek an Adult Survivors Act Lawyer in New York City, The Law Offices of Michael S. Lamonsoff can help.

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Who is Eligible to File a Lawsuit Under The New York Adult Survivors Act?

Under the New York Adult Survivors Act, you may be eligible to file a civil lawsuit for compensation against the sexual offender and/or their enablers if your sexual abuse or assault occurred when you were at least 18 years old.

The Adult Survivors Act, which was signed into legislation on May 24th, 2022, provides a one-year look-back window for sexual assault survivors who were 18 years or older when the incident occurred. The one-year window opens on November 24th, 2022, and closes on November 23rd, 2023.

During this period, you can file a sexual assault civil lawsuit against the perpetrator and/or an organization or institution associated with the incident – even if the erstwhile statute of limitations on your claim has expired. 

The Adult Survivors Act permits you to claim financial damages for your physical, psychological and other injuries, losses and damages resulting from a sexual offense as defined under Article 130; or resulting from incest, as defined under Sections 255.26 / 255.27 of the Penal Law. 

Mr. Lamonsoff advises sexual assault survivors in New York that the time to act is now. With the Law Offices of Attorney Michael S. Lamonsoff, Esq. on your side, you can get fully prepared with meticulous evidence to file a strong case against the defendants when the one-year lookback window opens on November 24th, 2022. 

WHAT DOES THE ADULT SURVIVORS ACT (ASA) DO FOR CIVIL CASES?

The Adult Suvivor Act creates a window through November 23 2023(NYCPLR §214-J). Anyone who survived rape, criminal sexual act, forcible touching, sexual abuse, or incest as an adult, regardless of their current age, survivors can sue the assailant’s institution or employer for negligence. This window will be closed after November 23, 2023. NYS also amended the Statute of Limitations in 2019, extending the length to 20 years to file a civil lawsuit. Therefore, depending on the date of the crime, survivors may be eligible to file RIGHT NOW.  

Due to overlapping statutes of limitations, you may or may not have a case. Rely on our expertise and call the Law Offices of Michael S. Lamonsoff to learn more.  

Institutions and employers are vicariously liable if they could have intervened to prevent the horrible trauma from happening. You can sue them for damages. Some of the common examples are universities or colleges, hospitals, counselors, coaches and doctors. 

Compensation for Survivors of Sexual Abuse - Contact An Adult Survivor Act Attorney in New York City

Leading New York Adult Survivor Act attorney Michael S. Lamonsoff, Esq. is helping survivors of sexual abuse successfully sue individuals and/or organizations to obtain maximum financial compensation. Survivors in these cases often suffer acute and chronic injuries and illnesses, including anxiety, depression, and PTSD. They may require extended therapy and rehab, and may also suffer full or partial loss of income because their performance in their professional career may be affected. 

Attorney Michael S. Lamosoff and his legal team will pursue compensation for potential damages and losses, such as medical costs, counseling fees, long-term therapy and rehab costs, loss of income due to physical or mental injury, pain and suffering, and even punitive damages in some cases.

Gender-Motivated Violence Protection Act in New York

Many people in NYC, particularly women, become survivors of gender-based violence, which could occur at the workplace or outside. To protect the rights of the survivors, New York City passed a law under Title 10, Chapter 11 of the NYC Administrative Code. This law known as the Victims of Gender-Motivated Violence Protection Act (VGMVPA) allows the survivors to file a civil lawsuit (apart from a criminal case) to seek financial damages from the attacker. 

How to Know if You Have a Case Under the VGMVPA?

The Gender-Motivated Violence Protection Act allows you to file a civil lawsuit for recovery of financial damages (no matter whether criminal charges were filed or not) if you were a victim of violence that was specifically “motivated by gender.” 

This means that the act of violence against you was committed: (a) because of your gender; or (b) on the basis of your gender; or (c) at least partly due to an animus based on your gender. In other words, even if the perpetrator attacked you, at least partly because of your gender, you have a right to file a civil claim for financial damages under the VGMVPA. 

The VGMVPA extends protection to all residents of New York City as well as to non-residents who are working in New York City.  

Difference between Claims under the VGMVPA and the Claims of Workplace Sexual Harassment 

As a survivor of gender-motivated violence in New York City, you have a right to file separate independent claims under the VGMVPA as well as the state employment laws for protection from workplace sexual harassment. It is noteworthy that under the VGMVPA, you get up to seven years after the incident to file your civil claim, which is longer than most of the state employment laws. 

Under gender-motivated violence at the workplace, you may be able to sue both the perpetrator and their employer for civil damages. New York Sexual Harassment and Gender-Motivated Violence attorney Michael S. Lamonsoff, Esq. can help you recover potential economic damages for your medical costs and loss of wages, non-economic damages for pain and suffering and emotional distress, and even punitive damages to set an example for everyone in society to recognize.   

FAQ

Am I eligible to pursue justice under the NY Adult Survivors Act?

You may eligible if: a) You suffered sexual abuse when you were at least 18 years old. b) You wish to file a civil lawsuit for compensation against the perpetrator and/or their enablers.

What type of sexual offenses would apply under the NY Adult Survivors Act?

The New York Adult Survivors Act covers sexual offenses as described in Article 130 of the state penal code. The list of eligible offenses is available at this link.

How much attorney fee do I have to pay if I hire your law firm for my case?

Top-rated NY Adult Survivor Act attorney “The Bull” Michael S. Lamonsoff, Esq. and his legal team will fight your case on a contingency fee basis. It means you don’t have to pay anything upfront. You will only pay a percentage from your compensation award when you receive it. If you don’t receive compensation, you don’t pay anything to us.

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WHAT YOU SHOULD DO BEFORE NOVEMBER 24, 2022

If you were a victim of sexual offense, reach out to our attorneys to learn if you have a case against the perpetrators, or their institutions and employers. If you believe you suffered an injustice because your employer, church, university or any institution you worked or studied, neglected your call for help, or failed to detect a predator, the Adult Survivors Act attorneys in NYC at The Law Offices of Michael S. Lamonsoff will fight for your rights and pursue your deserved justice.

  1.  Schedule a free in-person or virtual consultation

  2.  Prepare your materials, evidence, and records in advance

  3.  Let us file your case when the window opens on November 24, 2022
Michael S. Lamonsoff
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New laws offer help for sexual abuse & assault survivors

Our Adult Survivors Act lawyers in New York City are working hard to help sexual abuse survivors receive justice. New laws enacted make it easier for sexual assault survivors to press both criminal and civil charges.

In addition, these laws provide survivors of second- and third-degree rape with additional time to file both criminal charges against the abuser and civil actions against the predator and private or public institutions potentially liable for the act.

Find a New York Adult Survivors Act attorney who you can talk to about the abuse

While it is often tough for survivors of violent attacks or injuries to process and communicate their trauma, it can be especially difficult for victims of sexual molestation or abuse to open up about their trauma. And it ultimately may seem unimaginable for the victims abused as children to speak up and face the ones that injured them.

Under these circumstances, sexual abuse survivors need an Adult Survivor Act sexual assault attorney in NYC who will understand, approach the matter 100% on their side, with no holds barred, and ready to fight for justice. Michael S. Lamonsoff, Esq. is just that attorney.

If you or a loved one have suffered sexual abuse or sexual assault of any kind, sexual abuse and assault lawyers with The Law Offices of Michael S. Lamonsoff, PLLC are ready to discuss your case and explain your options.

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