Being abused by a therapist is a profound betrayal of trust and exploitation of their position of power over their patients. If you or someone you know has been a victim, understanding the statute of limitations for therapist abuse cases in Michigan can be crucial. This legal deadline determines the timeframe in which you can file a civil lawsuit against your therapist, and missing it could block you from any chance of a future settlement.
At White Law PLLC, we are dedicated to providing compassionate and empowering advocacy for our clients while aggressively pursuing justice against the liable party.
Contact our office to speak with a Michigan therapist abuse lawyer and learn more about how the Michigan statute of limitations could affect your therapist abuse case.
Unique Factors of Therapist Abuse Cases
When an individual seeks professional help to address their emotional and psychological well-being, they expect a certain level of support and guidance, not exploitation and manipulation. Therapist abuse is a devastating betrayal of trust. The Michigan statute of limitations attempts to provide additional time for these kinds of cases due to some unique factors in therapist abuse cases.
Therapist abuse occurs any time a therapist violates their duty of care to their patient and takes advantage of their position of power. If they violate the client-therapist trust by manipulating you, gaslighting you, or violating your consent in any way, you may have a case to pursue. Therapist abuse can look like:
- Sexual misconduct, harassment, or assault
- Verbal abuse, such as yelling or speaking in a harmful manner
- Physical abuse
- Psychological abuse, such as gaslighting or emotional manipulation
Your Fight Is Our Fight
Michigan Statute of Limitations for Therapist Abuse Cases
The internet provides a lot of conflicting information about the statute of limitations for therapist abuse cases in Michigan. This is due to the fact that Michigan Legislation has separate laws governing the amount of time given to abuse survivors and survivors of sexual abuse. Under MCL §600.5805, a person generally has two to three years to bring a case against a therapist in a non-sexual abuse situation.
The statute of limitations in any abuse case is complicated and multifaceted depending on the type of abuse and specific circumstances in which it occurred.
So, even if you believe the statute of limitations has passed for your therapist abuse claim, contact our team at White Law PLLC to discuss your case. There may still be exceptions that allow you to pursue justice.
Statute of Limitations for Therapist Sexual Abuse in Michigan
For sexual abuse, including harassment, assault, and rape, the length of time a person has to file in Michigan also depends on the type of abuse, the severity of the crime, and the victim’s age at the time of the occurrence.
Recent modifications in the Michigan Legislature have affected the statute of limitations to offer greater protection for survivors. Under Michigan Senate Bill 872, the statute of limitations for sexual assault cases is up to ten years to file a claim.
Part of this expanded timeframe to file hinged on the Larry Nassar case, which we helped bring against the disgraced doctor representing the survivors.
The finalized Larry Nassar Settlement disbursed $380 million to victims who benefitted from this expanded filing time. If you are unsure about your legal options or want to explore the possibility of filing a therapist abuse case in Michigan, contact a Michigan sexual abuse lawyer from White Law PLLC for support.
The statute of limitations can also be affected by the level of criminal conduct the sexual conduct falls under in the Michigan Penal Code §750.520b. Under this law, there is no time limit on bringing a criminal charge against someone who engaged in first-degree criminal sexual conduct.
Criminal sexual conduct of the first degree includes but is not limited to sexual penetration with someone under the age of 13, rape, and sexual penetration from a person in a position of authority, which may include therapists.
Extended Statute of Limitation for Minors
Under Senate Bill 871 of 2024, victims of childhood sexual abuse are given up to 15 years or until their 28th birthday to file a criminal lawsuit for second and third-degree criminal sexual conduct.
Civil lawsuits filing dates under Senate Bill 872 of 2024 extended the statute to 28 years of age for individuals who were minors at the time of the assault. This also provides an additional three years at any age after the discovery of an assault-related injury.
Exceptions to the Statute of Limitations for Therapist Abuse Cases in Michigan
The statute of limitations for filing a civil lawsuit is not always a prohibiting factor. Be sure to discuss your case with an experienced therapist abuse attorney in Michigan to see if any exceptions may allow you to file past the typical deadline. Some potential exceptions to the statute of limitations include:
- The Discovery Rule: If a victim was unaware of the abuse or it’s connection to phsyical injuries until a later date, this may fall under the discovery rule. The statute of limitations could possibly extend to begin the timer on the date of discovery, rather than the inciting incident.
- Tolling: If a victim is a minor, mentally incapacitated, or if the abuser actively concealed the abuse, the statute of limitations might be “tolled” or paused.
- Fraudulent Concealment: If the therapist worked to intentionally hide the abuse or misled the victim, the statute of limitations might be extended. An example of this could include if the therapist was engaging in mental or psychological manipulation of the patient.
It is crucial to note that specific laws and exceptions may vary and change, as the sexual abuse statute of limitations has. Consulting with an experienced attorney is essential to determine if any exceptions could apply to your situation. Do not delay in getting started working on your case.
We understand that you may be going through a difficult situation and we are ready to help however we can.
Get Help from a Michigan Therapist Abuse Lawyer
If you want to learn more about how White Law PLLC can help you, set up a free case consultation to meet our team. We are experienced, caring legal professionals who are dedicated to exceeding our client expectations. Let us help you get the justice you rightfully deserve.
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