Overcoming the Statute of Limitations in PA for sexual abuse cases In Pennsylvania, the statute of limitations in most civil assault cases is two years from the date of the injury. If the injured victim is under the age of eighteen(18), the victim must file suit before they reach the age of twenty (20). However, the statute of limitations in sexual abuse and molestation cases in Pennsylvania is not as clear cut as it may seem. Pennsylvania law, 42 Pa. C.S. §5533 (b)(2)(i), presently states that victims of sexual abuse and molestation who are under the age of eighteen (18) when the sexual abuse or molestation occurs, must file suit before they turn thirty (30). This law was enacted on August 27, 2002. Individuals who were childhood victims of sexual abuse or molestation in Pennsylvania before this law was enacted are not afforded this extended statute of limitations, and thus are required to file suit before they turn twenty (20). One exception to the statute of limitations for sexual abuse and molestation in Pennsylvania surrounds what is known as the common law “discovery rule.” The application of this rule allows victims to file suit within two years of the time:

(1) they discover the injury; and (2) they discover the source of the injury. However, it is important to note that Pennsylvania, unlike many other states, has rejected the repressed memory theory as a tool to apply the discovery rule. The repressed memory theory is applicable to situations where victims of sexual assault and molestation have subconsciously forced themselves to forget the occurrence of abuse for many years.

The theory of “fraudulent concealment” may also extend the statute of limitations in Pennsylvania sexual abuse and molestations cases. In order for this theory to be applicable, the Plaintiff must establish the defendant committed some affirmative independent act of concealment upon which the Plaintiff justifiably relied. This exception may be applicable if the Defendant provides the Plaintiff with information which misleads the Plaintiff, and thereby causes him/her to forego filing suit. There are other exceptions to the statute of limitations in sexual abuse and molestations cases which are less common. Each case presents with a unique set of facts, and it is extremely important to consult with an experienced sexual abuse and molestation attorney even if you believe that the statute of limitations on your case has expired. The sooner you consult with an attorney, the better the chance your rights will be protected.

Ben and Nate are great guys. They walked me through the whole process, from beginning til the end. The receptionist and very nice. Answer all my questions and concerns. I will refer them to anyone. Their not like other lawyers that talk around the topic. They tell you just how it is or how they believe it will be. Thank you guys so much.

S. W.

Ben and Nate took their time in handling my case with compassion and care. I never had to wonder what was going on. They always made sure to include me in each and every decision that needed to be made before they were made. Their entire staff was always very polite and knowledgeable. I cannot say enough kind words about Andreozzi + Foote; they are simply the best!

V. B.

One of the best personal injury lawyers in the country. Great experience. Really genuine people at Andreozzi and Associates.

B. E.

Handled our case SO well even though it took a long time to settle, and STILL helps us with paperwork related to the settlement account every now and then. They were honest with us from the get-go, worked REALLY hard on our behalf, and always kept in touch with us about what was going on. So pleased.

S. G.

When you and your child are victims of a horrid crime it's hard to understand why things are the way they are. Information and answers are what you want, but unfortunately the system doesn't offer that. Nathaniel has fielded and patiently listened to a broken mother wanting nothing more than for someone to help her understand why she has no answers, and through these phone calls Nathaniel has been very informative, honest and upfront. I would recommend Nathaniel and this firm to anyone who is seeking answers, help and professionalism in a firm when going through such difficult times.

S. L.

Can’t say enough about the kindness and compassion of this law office. They helped me immensely with a difficult case and the level of support they provided me was stellar.

L. A.

It is impossible to put into words our gratitude for Ben and Nate through the most trying time of our life. As scared, confused, and traumatized parents, the isolation and loneliness of litigation are abysmal. In the beginning, everyone surrounding you has endless bright ideas and can’t say enough how you should pursue action, but then when it comes down to it, these cheerleaders are suddenly silent and nowhere to be found in what feels to be your darkest hour. Thank God we had these two extraordinary men at our side from the moment we contacted them. Their friendship, counsel, and sound resolve to do everything they could in order to balance the scorecard meant more than we can ever convey, and is simply immeasurable. If we had known how simple this seemingly horrific ordeal would’ve been with their help from the start, we wouldn’t have agonized a single minute over doing what we did. If you are in a similar position as I’ve described, take advice from someone who’s been through the worst, thankfully with the best. Call them!

E.K.

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