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Recently, a bill was passed by NJ Governor Phil Murphy to amend the NJ State Tort Claims Act allowing sexual abuse victims the ability to file civil abuse claims without regard to previous time restraints. The new statute of limitations bill will take effect on December 1, 2019 and allow liability standards in sexual abuse cases to now reach public entities and public employees at fault, as well as offenders. This means that victims may now file claims against public entities and public employees for sexual abuse, claiming a willful, wanton, or grossly negligent act of a public entity or employee resulted in a sexual assault, any other crime of a sexual nature, a prohibited sexual act being committed against a person as defined in section 2 of P.L.1992, c.7 (C.2A:61B-1). Furthermore, any immunity from civil liability granted to a public entity shall not apply to an action at law claiming that the negligent hiring, supervision, or retention of any public employee resulted in sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse being committed against a minor under the age of 18 as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1). Charitable organizations and public entities are no longer immune and will be held responsible for allowing sexual abuse to happen negligently. Schools, charities, and religious organizations specifically now are able to be held responsible for acts that happened under their watch, when previously they were immune.
Before Governor Murphy signed this bill into existence, victims of sexual abuse only had 2 years to file a claim from whichever is later of their 18th birthday or when the victim learned of their injury and its relationship to sexual abuse.
Now with the new bill taking effect December 1, 2019, victims of childhood sexual abuse may file lawsuits until they are 55 years old, or up to 7 years from when they become aware of the abuse, whichever is later.
Adult victims of sexual abuse may also bring suit now up to 7 years from when they discover the abuse has caused injury, whether physical or mental, overruling the previous 2-year statute of limitations.
Moreover, those who do not fall in either category above that has now been approved will have a 2-year window for filing a sexual abuse claim, regardless of when the abuse had occurred, starting in December 2019. As a result, those who have been previously barred from filing a claim due to the statute of limitations may now file their claim starting in December 2019 and ending in December 2021.
If you or someone close to you is a victim of sexual abuse and would like to file a claim, please call for a free consultation and let Castellani Law Firm help you seek justice.
At Castellani Law Firm, LLC we help clients resolve a wide range of legal issues in employment law and personal injury. From offices in Northfield, New Jersey, we serve individuals and families throughout the Atlantic City region.
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Castellani Law Firm, LLC provides legal advice and representation to clients in Northfield, New Jersey, and communities throughout Atlantic County, Cape May County, Ocean County and Camden County, including the cities of Atlantic City, Hammonton, Pleasantville, Linwood, Ocean City, Wildwood, Egg Harbor, Absecon, Sea Isle City, Cape May Court House, Galloway and Winslow.
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The National Trial Lawyers Top 100 Trial Lawyers is issued by Legal Associations Management, Inc.Per the National Trial Lawyers’ website,
“Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research. Membership is extended only to the select few of the most qualified attorneys from each state or region who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7.” A description of the selection methodology can be found at https://www.thenationaltriallawyers.org/about/faq/.
Please note that this accolade may be extended to as many as 100 attorneys in each state, meaning the number of attorneys invited to join will exceed the “100” in the title of the award.No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
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Finding the right attorney is to the benefit of both you and the attorney you choose. That is why the Supreme Court of New Jersey has directed the Board on Attorney Certification to administer the attorney certification program in an effort both to protect consumers from false advertising and to raise the level of competence of attorneys in this State. This program is designed to help you make an informed decision when seeking and selecting a lawyer.
The Board on Attorney Certification was established by the Supreme Court of New Jersey in 1980 for the purpose of helping consumers find attorneys who have a recognized level of competence in particular fields of law. Attorneys may be designated by the Supreme Court as "certified attorneys" if they: are able to demonstrate sufficient levels of experience, education, knowledge and skill in a specific area of law or practice; have passed a rigorous examination; and have been recognized by their peers as having sufficient skills and reputation in the designated specialty.
The Supreme Court, through recommendation by the Board, certifies attorneys in five areas: civil trial law, criminal trial law, matrimonial law, municipal court law, and workers' compensation law.
An attorney must meet the following requirements to become certified:has been a member in good standing of the New Jersey Bar for at least five years;
-has taken a specific number of continuing legal education courses in the three years prior to filing an application;
-demonstrates substantial involvement in preparation of litigated matters;
-demonstrates an unblemished reputation by submitting a list of attorneys and judges who will attest to the applicant's character and ability;
- and passes a written examination covering various aspects of practice in the designated specialty.
