The State Grapples With Delays and Ponders Another Lookback Window
The justice system is supposed to be a refuge for survivors. But for thousands in New York, the clock is still ticking, as victims are waiting for their day in court under the Child Victims Act (CVA). As cases pile up, many are asking: can a new lookback window help clear the backlog and finally deliver accountability?
What’s the current problem?
- More than 10,800 civil cases have been filed under the 2019 CVA law.
- Many survivors are still waiting years even six years in some cases for their lawsuit to reach trial.
- The delays stem from multiple sources:
- Court shutdowns during COVID-19 threw the system into chaos.
- Judges retiring, backlog of filings, insurers evading or delaying responses.
- Gaps or technicalities in filings. Some lawsuits are threatened with dismissal because survivors struggle to invoke the required detail about abuse details that trauma may render difficult to recall.
Insurance Delays
One piece that often flies under the radar is insurance companies are being called out for dragging their feet. The NY Department of Financial Services (DFS) gave guidance when the CVA passed, directing insurers to act in good faith and expedite claims. But survivors and legal advocates say DFS hasn’t done enough to enforce it when insurers stonewall or delay.
What legislators are considering
State lawmakers are exploring several paths forward:
- Forcing insurers to respond more quickly and be held accountable. Bills are being considered to give survivors more tools to push through stalled cases.
- Technical fixes. One bill that passed the Senate but died in the Assembly sought to prevent dismissals of CVA cases for lack of certain details of abuse.
- Opening another lookback window, or even permanently eliminating the statute of limitations for child sex abuse. This would allow survivors who were previously time-barred to file new claims.
Why opening a new window might help and what challenges it faces
Potential benefits
- More survivors get their day in court. Those who missed the prior window or were blocked by previous limitations could finally bring their cases.
- Pressure on insurers. New window + legislative mandates could force insurers to respond more swiftly and eliminate loopholes.
- Accountability & healing. Beyond money, having a legal forum matters emotionally and morally for survivors.
Challenges & risks
- Financial implications. Defendants (including insurers, institutions) argue the costs could be enormous. There may be resistance on grounds of liability.
- Court system capacity. Even with another window, if court resources (judges, clerks, etc.) are not expanded, cases will still clog.
- Legislative resistance and political hurdles. Politicians may balk at expanding liability, especially for institutions or insurers. Negotiations can stall or bills can die, as already happened.
What’s needed now
To break the logjam, here’s what’ seems essential’s needed:
- Strong enforcement by DFS over its own guidance on insurers. Transparency about which insurers are compliant, which are dragging.
- Legislative fixes that remove technical traps for survivors, e.g. easing burdens on recalling detail, adjusting evidentiary thresholds.
- Additional resources for courts: more judges, staff, funding to process CVA cases.
- Clear political will to open a new lookback window, if not permanently eliminate the statute of limitations.
Why this matters for all of us
Delaying justice doesn’t just hurt survivors, it erodes trust in our legal system. Victims carrying trauma for years deserve more than excuses. When laws like the CVA are passed, their promise must be fulfilled; otherwise, the moral contract between the state and its most vulnerable is weakened.
If New York moves forward with a new window, it’s not just a legal change, it’s a statement. It will show the state values accountability, fairness, and healing. Survivors should not have to wait decades for what they were promised in law.
Andreozzi + Foote‘s trauma-informed attorneys stand ready to listen and process your options with you. We are a call away, 1-866-753-5458. Justice should never be delayed.