Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the difference between reporting to the police and filing a civil lawsuit?
A criminal report asks the government to prosecute the abuser; a civil lawsuit is a separate legal action you bring to hold the daycare and responsible parties financially accountable for their failure to protect your child. Under New York law, you can pursue one or both paths — they are completely independent of each other.
Can I file a civil claim if the daycare denies the abuse happened?
Yes. Institutions frequently deny wrongdoing, but civil claims can proceed regardless. Evidence such as staffing records, prior complaints, and supervision policies can establish that the daycare was negligent in hiring or overseeing the person responsible, even without a criminal conviction.
How long do I have to file a civil lawsuit for daycare sexual abuse in New York?
Yes, in most cases. Under New York's Child Victims Act, survivors of childhood sexual abuse may file a civil claim until they turn 55 under CPLR §208(b). A separate provision, CPLR §214-g, briefly allowed survivors of any age to revive previously time-barred claims, but that window closed on August 14, 2021. If your claim hadn't already expired before 2019, or you filed during that window, you're likely still protected under the age-55 rule today. Because deadlines vary by circumstance, speaking with an attorney as soon as you are ready is important.
Is my conversation with Banville Law confidential?
Absolutely. Every communication with Banville Law is protected by attorney-client privilege from the very first conversation. Nothing you share will be disclosed without your consent, and there is no obligation to proceed — you decide next steps at your own pace.