Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the abuse at the daycare happened years ago?
Yes. Under CPLR 214-g (the Child Victims Act), survivors of childhood sexual abuse have until their 55th birthday to file a civil lawsuit, regardless of when the abuse occurred. If you discovered only recently that the abuse caused psychological or physical injury, you may also have 2.5 years from that discovery. Coming forward takes courage, and the law is designed to give you time.
What if the daycare denies the abuse occurred?
A daycare's denial does not end your case. Civil lawsuits focus on what the institution knew or should have known — negligent hiring, inadequate background checks, or failure to supervise staff. Evidence gathered through the legal process can establish the institution's failure to protect children in its care, independent of any criminal proceedings.
Does filing a civil lawsuit mean I have to testify in open court?
Not necessarily. Many civil cases are resolved before trial. You move at your own pace, and you decide next steps at every stage — there is no obligation to proceed beyond what you are comfortable with. An attorney can walk you through what the process would look like for your specific situation.
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 can be disclosed without your consent. If you are also in need of immediate support, the RAINN National Sexual Assault Hotline is available 24/7 at 800-656-4673, free and confidential.