Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the abuse happened years ago?
Under New York’s Child Victims Act (CPLR 214-g), survivors of childhood sexual abuse may file a civil claim until age 55 — or within 2.5 years of discovering a connection between the abuse and a psychological or physical injury. Many survivors still have time to act even if the abuse occurred long ago.
Does the daycare have to be found criminally guilty for a civil lawsuit to succeed?
No. Civil liability is completely independent of any criminal prosecution. A daycare can be held accountable in civil court for negligent hiring, supervision, or retention even if no criminal charges were filed or the perpetrator was never convicted.
What if I am not ready to talk about the details yet?
That is entirely understandable — coming forward takes real courage, and you move through this process at your pace. Every conversation with Banville Law is protected by attorney-client privilege, and you have no obligation to proceed.
Is a civil lawsuit only about money?
A civil case does more than seek financial accountability — it creates a formal record of institutional failure and can compel a daycare to change policies that put other children at risk. Survivors decide their own next steps, and our role is to give you the information you need to make that choice.
What kinds of compensation can a daycare abuse lawsuit recover?
A civil case can seek economic damages — past and future counseling and therapy, medical treatment, and lost or reduced earning capacity tied to the harm — as well as non-economic damages for pain, emotional distress, and the lasting effects of the trauma. Where a facility's conduct was especially reckless, punitive damages against the institution may also be available. An attorney can value your specific situation after reviewing the facts.
How do we actually prove the daycare was negligent?
Most of the proof comes from the daycare's own records, obtained through the legal discovery process: hiring and background-check files, staff-to-child ratios and attendance logs, prior parent complaints, incident reports, and internal policies. The goal is to show what the facility knew or should have known and where it failed to act. This is why the institution can be held liable even when a criminal case never happened — civil discovery reaches records the police never pursued.
How long does a daycare sexual abuse case usually take?
There is no fixed timeline — it depends on how many parties are involved, how much the facility disputes, and whether the case settles or goes to trial. Many are resolved through settlement after discovery rather than in a courtroom. A lawyer can give you a realistic range once they understand the facts, and you set the pace on decisions like whether to accept a settlement or push forward.