The statute of limitations for filing a child abuse lawsuit changes on a state-by-state basis. Speaking with a child abuse lawyer from your specific state will uncover how much time you have to take legal action in your case.

Many states, including California, have updated their laws recently to provide child sexual abuse victims with more time to file lawsuits. The legal representation you hire to handle your case will explain the changes made to these laws in recent years and clear up any related confusion.

Keep reading for an overview of the statute of limitations for filing a child abuse lawsuit in California.

The Old Statute of Limitations for Filing a Child Abuse Lawsuit in California

Before 2019, child sexual abuse victims in California had a relatively short window of time to file lawsuits. They were required to start the civil litigation process against the defendants in their cases through child abuse lawyers before reaching the age of 26.

This changed in 2019 when California Assembly Bill 218 (AB-218) was signed. A new law officially took effect on January 1, 2020, allowing victims to file lawsuits up until the time when they reached the age of 40.

AB-218 also took things a step further. It provided these victims with a three-year “lookback” window, starting in 2020, enabling victims who had been unable to file lawsuits before this because of the previous statute of limitations to take legal action. This window closed at the end of 2022.

Additionally, AB-218 permitted victims over 40 to file claims as long as they included certificates of merit signed by their licensed mental health practitioners and legal representatives.

The New Statute of Limitations for Filing a Child Abuse Lawsuit in California

AB-218 and, more specifically, the three-year “lookback” window it included resulted in a large number of lawsuits being filed by abuse victims between early 2020 and late 2022. Many were filed against:

• Churches
• Schools
• Other institutions

This development, along with the creation of the federal government’s Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022 (Public Law No. 117-176), inspired California to overhaul its statute of limitations for child sexual abuse lawsuits again. With the passing of California Assembly Bill 452 (AB-452), the state eliminated the statute of limitations for these lawsuits as of January 1, 2024.

The only stipulation to this change is that it applies only to cases involving allegations of child sexual abuse that occurred after January 1, 2024. Claims that stem from incidents before January 1, 2024, are still subjected to the previous statute of limitation guidelines for filing lawsuits.

How To Find Out If You’re Eligible To File a Child Abuse Lawsuit in California

All the recent changes surrounding the statute of limitations for filing child abuse lawsuits in California have created confusion among many victims. A child abuse lawyer from Cifarelli Law Firm will assist you in making sense of them.

Our skilled legal team has extensive experience working on complex abuse cases that include physical and emotional trauma. We’re also well versed in topics like California’s mandated reporting laws and can even explain how an alleged abuser’s criminal defense case may impact a civil suit filed against them.

Contact Us To Begin Working With a Child Abuse Lawyer

Are you still confused about the statute of limitations for filing a child abuse lawsuit in California? Schedule a consultation with a child abuse lawyer from The Cifarelli Law Firm to discover more about who is eligible to file lawsuits in these cases.

Call us at (949) 502-8600 to discuss your case with a trusted attorney.