Tennessee Sexual Abuse Lawyer Representing Victims

Sexual abuse is commonly thought of as a crime, which it is, but survivors can also recover compensation in a civil lawsuit. Our lawyers can determine how much time you have to file your claim and prepare it immediately.

It is critical to start your case as soon as possible. Tennessee gives adult victims just one year to file a lawsuit, but they might have two years if criminal charges are filed. We can also argue for more time if you discovered the abuse after it occurred. A new law now allows child survivors until age 33 to bring a claim if the abuse was perpetrated on or after July 1, 2019. Our lawyers can also identify other parties who might be liable besides the abuser, like schools and religious organizations.

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

The Time Limit Survivors Have to File a Lawsuit for Sexual Abuse in Tennessee

Many states have recognized the difficulties survivors have coming forward with episodes of sexual abuse and filing a lawsuit against the abuser, so they have either done away with or increased the time survivors have to bring a claim. Fortunately, Tennessee recently joined these states, at least for child survivors of sexual abuse. Our sexual abuse attorneys in Tennessee can determine how long you have under the statute of limitations and whether an exception can buy more time. While it can be difficult to come forward, you must file your claim before time expires, or you will lose out on any compensation to which you would have been entitled.

Time Limit for Adults

Adult survivors of sexual abuse have the same amount of time to file a case as other personal injuries, which is only one year from when the abuse occurred, according to T.C.A. § 28-3-104(a)(1)(A). This is one of the shortest statute of limitations in the country and gives survivors very little time to gather the courage to take action and contact a lawyer. One small consolation is that once your lawsuit is filed, our team can take the time your case deserves to obtain evidence, interview witnesses, and prepare your case for court.

If criminal charges were brought against the perpetrator by a district attorney general, a law enforcement officer, or a grand jury within one year under § 28-3-104(a)(2), you will have two years to file your lawsuit.

The only other exception is when the survivor was unaware of the abuse when it occurred. The “discovery rule” is not encoded in a statute but carved out by the Supreme Court of Tennessee. Under this rule, survivors cannot reasonably be expected to file a claim without prior knowledge of the abuse. Perhaps you were drugged or unconscious when the abuse was perpetrated and did not learn until later what happened. However, once you know or reasonably should have discovered the abuse, the clock starts counting down again.

Time Limit for Children and Those Lacking Capacity

Generally, child personal injury victims have just one year from turning 18 years old to file their lawsuits if their parents did not file on their behalf before then, as per § 28-1-106(a).

Fortunately, a recent bill signed into law in 2024, HB 1906, now allows minor survivors until the age of 33 to file a lawsuit if they were abused on or after July 1, 2019. This means they have 15 years from the date of their 18th birthday to file their claim. However, if a child survivor did not know of the abuse but discovered it later or it occurred before July 1, 2019, they would have three years from the date they discovered the last instance of abuse to make a claim. This is a tricky rule, but our team can help you gather credible and admissible evidence to extend the time beyond the one-year deadline.

Unfortunately, this new law does not extend to those who lack capacity at the time of the abuse. According to § 28-1-106(c)(1), a person who lacks the legal capacity to understand their rights when the abuse occurs has one year from the date the incapacity is removed to file a sexual abuse lawsuit.

However, suppose the incapacitated person has a court-ordered fiduciary responsible for them. In that case, that individual must bring the claim within one year unless they have clear and convincing evidence that they did not or could not reasonably of known of the abuse in time, as per § 28-1-106(c)(2).

Under § 28-1-106(c)(3), though, survivors claiming incapacity and that they had no fiduciary representative have the burden of proof to show these facts and that they did not and could not reasonably know of the abuse when it happened.

Who You Can Sue in a Tennessee Sexual Abuse Lawsuit

After initiating your lawsuit, the next step is to identify the defendants. This might be an individual, like a family member, a friend, or even the survivor’s partner, if they did not consent to the sexual act.

Many other instances of abuse occur in businesses and institutions. For instance, a teacher, counselor, or coach might have used their position of authority to abuse a student. If so, we can likely sue the school along with the individual perpetrator.

Perhaps the survivor was abused in a business or afterschool program. For example, students often take part in after-school activities, like daycare or karate classes. If an employee abused someone that they had responsibility for, we could likely sue both the employee and their employer, giving the survivor a better chance at recovering their full range of damages.

Another common defendant in these cases is religious organizations, such as the Catholic Church. While a religious organization might attempt the hide the abuse, our team can investigate and determine if there is a pattern of moving known abusers around to hide their crimes.

Contact Our Sexual Abuse Lawyers in Tennessee Today to Get the Compensation You Deserve

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