Understanding the Impact of Legal Changes for Survivors
New Challenges for Survivors of Childhood Abuse
In recent developments, changes in Maryland law have posed serious challenges for survivors seeking compensation for childhood sexual abuse. The new legislation introduces a significant reduction in the monetary limits available for claims against public entities, ultimately affecting many victims.
Details of the New Legislation
The amendments to the Child Victims Act have reduced the cap on claims from $890,000 to $400,000. Additionally, attorney fees for survivors are now limited to 20 percent of the total award. These new limits could severely hinder survivors' ability to secure the financial justice they rightfully seek.
The Role of Herman Law in Advocating for Survivors
Despite these hurdles, a class action lawsuit filed by Herman Law stands as a hopeful avenue for many victims. This legal action was initiated shortly before the new law went into effect, aiming to challenge the newly implemented compensation caps and restore full access to justice for survivors.
A Safe Haven for Victims
Daniel Ellis, an attorney with Herman Law, emphasizes the uniqueness of this legal strategy. According to him, "No one else has built this kind of legal safety net for survivors in Maryland." The class action lawsuit aims to protect those who were silenced and forgotten by a flawed system.
Details of the Lawsuit
The lawsuit, filed with the Baltimore City Circuit Court, names several state departments as defendants, including the Department of Juvenile Services and the Department of Health. It seeks to represent survivors who suffered abuse while detained in juvenile facilities such as the Charles H. Hickey Jr. School and the Baltimore City Juvenile Justice Center.
Implications for Class Action Certification
This upcoming court decision on whether to certify the class is crucial. If approved, it would allow the survivors involved to retain the original date of filing and potentially evade the new caps. Herman Law is prepared to file individual claims if needed, ensuring that the original filing date can still support survivors in seeking fair compensation.
The Need for Immediate Action
Survivors are urged to take swift action by joining the class action. Filing individual claims prior to the class certification decision could result in disqualification from the class and limit potential compensation. Herman Law encourages those affected to contact their offices without delay.
Recognizing the Past and Paving the Way for the Future
The complaint outlines a troubling history within Maryland's juvenile detention system, documenting decades of abuse and neglect, coupled with a lack of accountability. This lawsuit not only seeks damages but also aims for public recognition of the trauma endured by survivors.
About Herman Law
Herman Law is a nationally recognized firm committed to representing victims of sexual abuse. Their dedicated team provides compassionate guidance throughout the civil litigation process and strives to hold responsible institutions accountable while helping survivors on their journey to healing.
Frequently Asked Questions
What led to the changes in Maryland law affecting compensation?
The Maryland legislature enacted new laws that significantly reduced the monetary compensation available for survivors of childhood sexual abuse.
What is the purpose of the class action lawsuit by Herman Law?
The class action lawsuit aims to challenge the new compensation caps and provide survivors with a meaningful opportunity to seek full justice.
Who does the class action lawsuit represent?
The lawsuit represents individuals who were sexually abused while detained in state-run juvenile facilities.
What are the potential outcomes if the class action is certified?
If certified, survivors can retain the original filing date, potentially avoiding new legal caps on compensation.
How can survivors get involved with the class action?
Survivors interested in joining the class action should contact Herman Law promptly, as filing individual claims could limit their options.
About The Author
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