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What is the Adult Survivors Act?

Signed into law in 2022, the ASA provides a crucial legal avenue for survivors of sexual abuse who were 18 years or older at the time of their abuse. This groundbreaking law temporarily reopens the statute of limitations, allowing these survivors to file civil lawsuits against their abusers or any organizations that enabled or failed to prevent the abuse.

By addressing past injustices, the ASA facilitates individual claims for compensation and aims to shine a light on systemic failures within organizations that may have ignored or covered up instances of abuse. This law is part of a broader movement to support survivors in confronting their trauma and achieving closure, ultimately fostering safer environments in communities and institutions across New York.

The One-Year Lookback Window

  • From November 24, 2022, to November 23, 2023, survivors of adult sexual abuse can file civil claims regardless of when the abuse took place.
  • The ASA applies only to those abused as adults, making it distinct from the Child Victims Act (CVA), which opened a similar window for survivors of childhood abuse.

ASA Eligibility for Survivors

Survivors can file suits against individuals directly responsible for the abuse and organizations that may have ignored, enabled, or covered up the misconduct—such as hospitals, schools, religious institutions, or workplaces. This is vital for holding accountable those who created or allowed an unsafe environment.

Suspension of the Statute of Limitations

Normally, New York’s statute of limitations for filing sexual abuse claims as an adult ranges from one to five years, depending on the specific type of claim. Under the ASA, survivors have a one-year window to file regardless of when the abuse happened, reopening opportunities for those previously time-barred.

Compensation Available Under the ASA

Survivors can seek compensation for:

  • Physical, emotional, and psychological harm resulting from the abuse.
  • Medical expenses, lost wages, and any related recovery costs.
  • Pain and suffering that reflect the emotional toll of the abuse.
  • Punitive damages to punish particularly egregious misconduct by abusers or enabling institutions.

Do You Have a Case Under the Adult Survivors Act?

The ASA opens the door for various types of claims, enabling survivors to seek justice regardless of when the abuse occurred. Here are examples of cases that could qualify under the ASA:

Misconduct from Decades Ago

A woman in her 50s remembers being sexually abused by her doctor during examinations in the early 1990s. Although the statute of limitations had previously expired, she now could potentially file a lawsuit against the doctor and the clinic for damages.

Abuse in the Workplace

A former employee endured abuse from a senior executive who silenced her complaints and wielded his power to prevent her from reporting the misconduct. The ASA enables her to file a civil claim against both the executive and the organization for failing to create a safe working environment.

Sexual Abuse by a Coach/Trainer

An athlete experienced ongoing abuse by her coach or trainer, who had considerable influence over her career. Under the ASA, she can sue both the coach and any governing organization for enabling the abuse and ignoring previous complaints, seeking accountability and justice.

If you identify with any of these scenarios or another not listed, contact HKD for a free legal consultation.

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The Process for Filing an ASA Claim

Understanding the ASA claims process can help survivors feel more informed and empowered as they begin their journey toward justice:

  • Initial Consult & Case Evaluation – The survivor consults with a lawyer who evaluates the case’s eligibility under the ASA, identifies possible defendants, and discusses legal options.
  • Filing the Complaint – After gathering evidence, the lawyer files a formal complaint in civil court. This complaint outlines the abuse and details the survivor’s claims against the defendants.
  • Discovery – Both sides exchange information and evidence, such as medical records, witness statements, and any relevant documentation that strengthens the survivor’s case.
  • Settlement Negotiations – Many ASA cases reach a settlement before trial. A lawyer will negotiate fair compensation on behalf of the survivor. If no satisfactory agreement is reached, the case will move forward.
  • Trial Prep & Court – Lawyers prepare compelling arguments and gather necessary witnesses or expert testimony to present the survivor’s story and evidence before the court.
  • Judgment & Compensation – If successful, survivors may receive compensatory damages for physical, emotional, and psychological harm, as well as punitive damages to penalize the defendant’s behavior.
  • Post-Trial Motions & Appeals (if applicable) – In some cases, either party may file for reconsideration or appeal. A lawyer will guide the survivor through this stage to ensure fair representation and continuity.

The Importance of NY’s Adult Survivors Act

The Adult Survivors Act (ASA) is a significant advancement in supporting survivors of sexual abuse, allowing them to confront their abusers and pursue legal recourse regardless of when the abuse occurred. By reopening the statute of limitations, the ASA acknowledges the systemic failures that often leave survivors without justice and addresses the long-lasting impact of unresolved trauma.

For survivors, the ASA represents more than just a chance for compensation; it is a pathway to closure, accountability, and healing. It also emphasizes the legal risks that institutions face if they fail to prevent or address abuse and harassment, promoting safer workplaces, schools, and communities.

The Role of an ASA Lawyer

Navigating an ASA claim can be complex and emotionally challenging. An experienced New York ASA attorney will help you:

  • Evaluate Your Claim: Review case specifics and evidence to build a strong claim.
  • Collect Evidence: Locate and preserve vital documentation, such as medical records and witness statements.
  • Navigate the Process: Manage communications and court filings to alleviate stress for the survivor.
  • Negotiate a Settlement: Work to secure fair compensation, whether through settlement or trial.
  • Maximize Compensation: Ensure survivors receive the full range of damages available for their suffering and expenses.
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Why Choose Hecht, Kleeger & Damashek, P.C.?

With over $825 million recovered, HKD speaks for survivors with experienced representation, understanding, and compassion. Our dedicated team is here to support you through each step of the ASA claims process, helping to build your case, secure compensation, and hold responsible parties accountable.

If you are a survivor eligible under the Adult Survivors Act, call (212) 981-2887 or fill out our online form for a free, confidential consultation. You only pay us if we win your case so that you can focus on healing without financial worries.

 

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