Maryland Sexual Abuse Lawyer

Sexual abuse cases in Maryland have made national news as numerous lawsuits were filed against the Catholic Church in Baltimore when the Maryland Child Victims Act became effective. Under this law, child victims of sexual abuse can file a lawsuit against those responsible at any point in the future, which our attorneys can help you do.

Unlike other states, Maryland places no statute of limitations of any kind on sexual abuse lawsuits for childhood abuse. For adult survivors, however, the timeframe is not long. Adult abuse survivors have three years from the date of the abuse to file a personal injury claim in Maryland. We highly recommend starting your case as soon as possible, as the Maryland Supreme Court is set to decide the constitutionality of the child statute of limitations. If overturned, it might limit your ability to bring a claim if it has not already been filed.

Call The Law Office of Andrew Shubin at (814) 826-3586 for a free, confidential case review with our sexual abuse lawyers in Maryland.

Determining How Long Sexual Abuse Victims Have to File a Lawsuit in Maryland

It is completely understandable why many sexual abuse survivors need time before they are prepared to come forward, given the difficulties they often face. While the state should prosecute perpetrators and organizations, survivors can also get some measure of justice by filing a civil lawsuit for damages. However, the time limit for filing your claim will depend on whether the abuse was committed when you were an adult or a child. Adults generally have the same amount of time given for other personal injury claims, but a recent change in the law now gives child survivors a right to sue at any time.

Our sexual abuse lawyers in Maryland can identify the limitations period that applies in your case and what restriction, if any, might apply. Md. Code, Cts. & Jud. Proc. Art., § 5–117(a) defines sexual abuse broadly, including sexual offenses to any degree and other sexual acts that are a crime. Our team can review the facts of your case if you are unsure whether the acts committed against you meet the definition and file your claim before the deadline passes.

Sexual Abuse of Adults

Adult abuse survivors must file their claims under the same statute of limitations other personal injury victims’ claims are subject to, which is three years, according to § 5-101. The limitations period typically starts from the last occurrence of abuse rather than the first.

If you were 18 or older when abused, it is critical to start your case as soon as possible. The court will dismiss a lawsuit filed after the statute of limitations runs.

Sexual Abuse of Children

On October 1, 2023, the Maryland Child Victims Act (CVA) went into effect, removing any and all statute of limitations on lawsuits filed by sexual abuse survivors who were minors when the abuse was committed. The law is also completely retroactive, meaning it applies to causes of action arising before October 1, 2023. Thus, a minor victim may file a lawsuit at any time, no matter if the abuse happened before or after the new law was passed, as long as the victim is still alive to file the claim.

While many see the passing of the CVA as a great victory and an example to other states on how to provide justice to child abuse survivors, the law has some limitations. Non-economic damages compensate for the pain and suffering victims experience. However, a single claimant cannot recover more than $1,500,000 in non-economic damages against a single defendant if the statute of limitations had barred the claim before the law went into effect, According to § 5–117(c).

Further, lawsuits that would have previously been barred by a time limitation cannot be filed if the abuse survivor is deceased at the time of filing, as per § 5–117(d). Put plainly, the law prevents an abuse victim’s estate from filing a retroactive claim under the CVA.

It remains to be seen whether the law will stand. The Maryland Supreme Court is expected to decide soon in the case of Key School, Inc., et al. v. Valerie Bunker regarding the constitutionality of the Maryland Child Victims Act. If the law is overturned, it will jeopardize thousands of survivors’ right to the compensation they deserve.

Who Might Be Included in a Maryland Sexual Abuse Lawsuit

Naturally, the perpetrator is the first person to consider when filing a lawsuit. However, individual defendants often do not have the money to cover the extensive damages they are ordered to pay, effectively making them “judgment-proof.” To get the compensation that accounts for how a survivor’s life has been altered, our team investigates whether an organization, company, or school can be included in the claim.

Arguably, the most notable example is religious organizations, such as the Catholic Church. It was the Baltimore Catholic Archdiocese’s years of abuse against thousands of children in its care that prompted the passing of the CVA. The damages could be in the billions in that case because the church knew of the abuse and actively shielded offenders during the cover-up. If a member of the clergy or another church employee abused you, we can determine how much the religious organization knew.

Many other cases happen inside schools, which could be publicly or privately operated. For instance, most private schools are operated by religious organizations, so we would file your claim against the organization that runs the school. If the abuse occurred in a Marland public school, we would file your claim against the county school district where it was perpetrated.

Unfortunately, sexual abuse can be perpetrated virtually anywhere someone is given power over others, especially children. For instance, the victim might have been abused while in an after-school program or activity, such as the Boy Scouts or a martial arts class. Businesses and private organizations can be held liable for the wrongful acts of their employees.

Call Our Sexual Abuse Attorneys in Maryland Today for Support with Your Case

For a private, free case review with our lawyers for sexual abuse lawyers in Maryland, contact The Law Office of Andrew Shubin today at (814) 826-3586.