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 can file a civil lawsuit until age 55, or within 2.5 years of discovering that the abuse caused psychological or physical injury — whichever is later. Many survivors have valid claims even decades after the abuse occurred.
Does a civil lawsuit mean I have to go to court?
Most civil sexual abuse cases are resolved before trial, and you decide how involved you want to be at every step. A lawsuit is about holding the institution accountable on your terms, at your pace — there is no obligation to proceed in any particular way.
What if the school denies the abuse occurred?
Civil liability does not depend on the school admitting fault. Attorneys can pursue claims of negligent hiring, negligent supervision, and negligent retention — legal theories that focus on the institution’s failure to protect students, not solely on the perpetrator’s actions.
Is my conversation with Banville Law confidential?
Yes — every conversation is protected by attorney-client privilege from the moment you reach out. Nothing you share is disclosed without your consent, and speaking with an attorney does not obligate you to file a lawsuit.
What compensation can a survivor recover in a school sexual abuse lawsuit?
New York civil claims can seek damages for the harm the abuse caused: the cost of past and future therapy and medical care, pain and suffering and emotional distress, and lost or reduced earning capacity where the abuse derailed your education or work. In cases of especially reckless institutional conduct, punitive damages may also be available. Every case is valued on its own facts, so no honest lawyer can promise a figure up front.
What are the stages of a school sexual abuse lawsuit after I file?
It generally moves in phases: filing the complaint, then discovery, where both sides exchange documents and the institution can be compelled to produce personnel files and internal records. Most cases then reach settlement negotiations, and only a fraction go to trial. You control the pace and are consulted before any major decision, including whether to accept a settlement.
Will I have to give a deposition or face the abuser in court?
In most cases, no courtroom confrontation ever happens, because the majority of these claims settle before trial. If your case does require testimony, it usually takes the form of a deposition — questions answered in a lawyer's office, not a courtroom — and your attorney prepares you and is beside you the entire time. Protective measures are available to limit contact with the person who harmed you.