Frequently asked questions
Can I still file a clergy abuse lawsuit if the abuse happened decades ago?
Yes. Under New York's Child Victims Act (CPLR 214-g), survivors of childhood sexual abuse may file civil claims until age 55, or within 2.5 years of discovering that the abuse caused psychological or physical injury. If you were abused as an adult, the Adult Survivors Act (CPLR 214-j) provides a 7-year window from the last act of abuse, or 3 years from discovery of its connection to your injury.
Can I sue the Catholic Church or diocese, not just the individual abuser?
Institutions like dioceses, parishes, and religious orders can be held liable under theories of negligent hiring, negligent supervision, and negligent retention — independent of any criminal case. Civil liability focuses on the institution's failure to protect survivors in its care.
Is my conversation with Banville Law confidential?
Absolutely. Every communication with Banville Law is protected by attorney-client privilege. Nothing you share is disclosed without your consent, and there is no obligation to proceed — you decide next steps, at your own pace.
What support resources are available while I consider my options?
RAINN operates the National Sexual Assault Hotline at 800-656-4673 — free, confidential, and available 24/7. New York's crisis line can also be reached at 988. Pursuing a civil lawsuit is a separate decision from seeking support, and you can do both on your own terms.
What are the steps in a clergy sexual abuse lawsuit in New York?
It starts with a confidential case review, then an investigation stage where your attorney gathers the institution's records — personnel files, the clergy member's assignment history, and any prior complaints. From there your lawyer files the civil complaint, the case moves into discovery (where the diocese or order must turn over documents and answer questions under oath), and it resolves through either a negotiated settlement or trial. Your attorney carries the filings and deadlines; for most survivors the hands-on parts are the intake and, if the case gets that far, a deposition.
What compensation can a clergy abuse lawsuit actually recover?
A civil claim can seek economic damages — past and future therapy and psychiatric care, plus lost earnings or reduced earning capacity — and non-economic damages for pain, suffering, and emotional harm. New York does not cap these categories in this kind of case. Where an institution's conduct was especially reckless, such as concealing or quietly reassigning a clergy member it knew was dangerous, punitive damages may also be on the table.
Does a diocese filing bankruptcy stop my case?
No, but it changes how the case is handled. Several New York dioceses have filed for Chapter 11, which pauses direct lawsuits against that diocese and routes survivor claims into a court-supervised compensation process instead. You don't lose your claim — but bankruptcy sets a hard deadline (a "bar date") to file a proof of claim, and missing it can forfeit your recovery entirely. That deadline is why timing matters even more once a diocese is in bankruptcy.