Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a lawsuit if the foster care abuse happened years ago?
Under New York's Child Victims Act (CPLR 214-g), survivors of childhood sexual abuse can file a civil claim until age 55, or within 2.5 years of discovering the connection between the abuse and a psychological or physical injury — whichever is later. Even if the abuse occurred decades ago, you may still have time to pursue a case.
Who can be held liable in a foster care abuse lawsuit?
Civil liability can extend beyond the individual perpetrator to the agencies, caseworkers, and government entities responsible for your placement and supervision. Legal theories include negligent hiring, negligent supervision, and negligent retention — holding institutions accountable for the failures that allowed the abuse to occur.
Is my conversation with Banville Law confidential?
Yes. Attorney-client privilege applies from your very first contact — everything you share with Banville Law is protected and cannot be disclosed. You can reach out at your own pace, with no obligation to proceed, and you decide what next steps, if any, feel right for you.
Does filing a civil lawsuit mean I have to go to criminal court too?
No. A civil lawsuit is completely independent of any criminal prosecution — you do not need to file a police report or have a criminal case in progress to pursue civil accountability. You choose your own path, and civil claims can proceed regardless of whether criminal charges were ever filed.