Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a civil lawsuit if the abuse happened years ago?
Possibly, yes. Under CPLR 214-g (the Child Victims Act), survivors of childhood sexual abuse can file a civil claim until they turn 55, or within 2.5 years of discovering that the abuse caused psychological or physical harm. Many survivors are still eligible regardless of when the abuse occurred.
Can the sports organization be held liable, not just the coach?
Yes. Institutions — including leagues, clubs, schools, and athletic associations — can be held accountable under theories of negligent hiring, negligent supervision, and negligent retention. A civil lawsuit focuses on the institution's failure to protect the survivor.
Does filing a civil lawsuit mean I have to go to court or relive everything publicly?
Not necessarily. Many civil cases are resolved without going to trial, and your attorney will work to protect your privacy throughout the process. You decide next steps at your own pace, with no obligation to proceed.
Is my conversation with Banville Law confidential?
Yes — attorney-client privilege protects everything you share with Banville Law. Coming forward takes courage, and your privacy and dignity are respected from the very first conversation.
Can a parent sue on behalf of a child who is still a minor?
Yes. A child under 18 can't file suit in their own name, so a parent or legal guardian brings the civil claim on the child's behalf as their representative. Acting now does not use up the child's own rights, because New York still lets the survivor pursue their own claim later, up until they turn 55. Many families act early to preserve evidence and records while memories and paperwork are fresh, but the choice of timing is yours.
Which coaches and sports organizations can actually be sued?
Eligibility isn't limited to a school team. A claim can name travel and club teams, recreational and youth leagues, AAU and similar athletic associations, private academies, sports camps, and the individual coach, and it doesn't matter whether that coach was paid or a volunteer. What matters is that an organization had responsibility for the child and failed to screen, supervise, or remove someone it should have. A referring attorney can help identify every party that may share legal responsibility.
Do I need to have reported the abuse to police or the league back then to sue now?
No. There is no requirement that you filed a police report, told the league, or that anyone was ever arrested in order to bring a civil claim. Many survivors never reported at the time, and that does not disqualify them. A civil lawsuit is separate from the criminal system, so your eligibility turns on New York's filing deadlines and the facts of what happened, not on whether you came forward years ago.