Filed Before June 1? What Maryland's Child Victims Act Cap Rollback Means for Pending Cases

Maryland

Aug 19

This spring, Maryland's courthouses saw something without precedent: more than 3,800 lawsuits filed in April and May alone, as survivors of childhood sexual abuse moved to beat the June 1 effective date of HB 1378 — the law that cut the Child Victims Act's damages caps by more than half for later-filed cases. Behind every one of those case numbers is a person who made a hard decision on a deadline they did not choose.

Now the deadline has passed, the filings are in, and survivors on both sides of the June 1 line are asking the same question: what happens to my case now?

If you filed before June 1

The central point is simple and worth stating clearly: the caps that applied when you filed are the caps that govern your case. HB 1378 reduced the noneconomic damages caps only for actions filed on or after June 1, 2025. A claim filed by May 31 proceeds under the 2023 Act's original limits — $1.5 million per claimant against private institutions, $890,000 against government entities — not the reduced $700,000 and $400,000 figures.

Beyond that, some realistic expectations:

Expect the process to be slow. Thousands of newly filed cases entered a court system that did not grow to meet them. Scheduling, discovery, and any coordinated proceedings will take time. Slow is not a bad sign; it is arithmetic.
Your case will likely be one of many against the same institution. That has advantages — shared discovery, common evidence of institutional knowledge, and settlement frameworks — and it means your lawyer's job includes making sure your story is never reduced to a docket number.
Claims against the Archdiocese of Baltimore remain in bankruptcy. The Archdiocese filed Chapter 11 in September 2023, two days before the Act took effect, so those claims proceed through the bankruptcy process rather than ordinary civil litigation — a different track, with its own deadlines and its own form of resolution.
Stay reachable. The single most practical thing a claimant can do in a high-volume proceeding is keep contact information current with counsel and respond promptly when the case needs you.

If you did not file before June 1

You have lost nothing except the higher cap. That matters — we will not pretend otherwise — but every other promise of the Child Victims Act stands:

There is still no deadline. The elimination of the statute of limitations is untouched. You may file this year, next year, or whenever you are ready.
Revived claims remain constitutional. The Supreme Court of Maryland's February 3, 2025 ruling upholding the Act is controlling law.
The reduced caps are being challenged. Plaintiff-side advocates signaled constitutional challenges to the rollback from the day it was signed. No one should count on those challenges succeeding — but the law's final shape may not be settled.

One caution we give every survivor who asks: do not let the cap change convince you that a claim is no longer "worth it." A claim under the reduced caps can still provide meaningful compensation — including economic damages, which these caps do not address — and, for many survivors, something the caps cannot measure: an institution formally answering for what it allowed.

Questions worth asking your lawyer now

Whether your case is pending or still hypothetical, a short list of questions will tell you most of what you need to know about where you stand. Which cap regime governs my case, and why? Who are the correct defendants — the institution, a parent organization, a government entity — and does the answer change the applicable cap? Is my claim affected by any bankruptcy proceeding, and if so, what deadlines does that court impose? What evidence still exists — personnel files, prior complaints, institutional records — and what is being done to preserve it? How will my privacy be protected as the case proceeds? A lawyer handling these cases should be able to answer every one of those questions specifically, not generally. If you are not getting specific answers, that itself is information.

What this means for survivors in Maryland

The June 1 line divided case values; it did not divide survivors into those who deserve justice and those who don't. If your case is pending, the work now is patience and preparation. If you have not filed, the door remains open, and an honest conversation about what the current law offers costs nothing. Either way, you are entitled to counsel who will tell you the truth about timing, value, and process — without pressure in either direction.

If you or a loved one has been hurt, call Posey Lebowitz at (202) 524-0123 or send us a message for a free consultation.

Part of our DMV case law archive, compiled in 2026 to reflect the archive of some of the most important decisions in injury law.

Sources

MarylandSexual Abuse SurvivorsDamages & Caps

Posey Lebowitz PLLC