Wear Trial Law represents adults and children in civil claims arising from childhood sexual abuse in California. Under Code of Civil Procedure section 340.1, abuse occurring on or after January 1, 2024 carries no statute of limitations, and many survivors of older abuse remain within the deadline under the discovery rule. Michael Wear, a former Special Victims Unit trial attorney, handles these cases personally.
Who can be held responsible
Most survivors think first of the individual. The more consequential defendant is usually the organization.
Institutions can be liable for negligent hiring, negligent supervision, negligent retention, and failure to warn — and, where an entity concealed prior allegations, for the concealment itself. The recurring pattern is documented and familiar: a prior complaint that was “handled internally,” a quiet transfer, a resignation with no report to law enforcement, and a new set of children in a new location.
Common institutional defendants include school districts and private schools, churches and dioceses, youth sports clubs and leagues, scouting and camp organizations, daycare and after-school programs, foster and group-home operators, and medical practices.
How long a survivor has to file
- Abuse on or after January 1, 2024 — no statute of limitations.
- Abuse before January 1, 2024 — generally until age 40, or five years from discovering that a psychological injury was caused by the abuse, whichever is later.
- Public entity defendants — additional claim-presentation rules may apply and must be evaluated immediately.
The discovery rule is why survivors in their forties, fifties, and sixties still call. Recognizing years later that adult depression, substance use, or relationship difficulty traces back to childhood abuse can start a new clock. See Revival Windows: What’s Open Right Now.
What a claim can recover
Compensation typically includes past and future mental health treatment, medical expenses, lost earnings and diminished earning capacity, and non-economic damages for the harm itself. Where an institution’s conduct was sufficiently egregious, punitive damages may be available. In cover-up cases, California law provides for enhanced damages in certain circumstances.
Privacy
Survivors of childhood sexual abuse can frequently proceed under a pseudonym. Court filings, deposition protocols, and settlement terms can all be structured to protect identity. This is discussed at the first meeting, before anything is filed. See Filing Anonymously: Doe Pleadings & Privacy.
How Wear Trial Law approaches these cases
The investigation starts with the institution, not the survivor. Before asking a client to give a detailed account, the firm identifies the entity, the time period, the supervisory structure, and the records that should exist. That sequence protects the client and produces a stronger case: institutional records, not memory alone, are what move these files.
Free, confidential, no obligation. Call 415-233-9688.
Frequently Asked Questions
FAQ
No.
An institutional claim may still be viable.
Yes, a parent or guardian can bring a claim on a child’s behalf.
You control who is contacted. Nothing happens without your direction.
No attorney’s fee unless there is a recovery.
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