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.