Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I file a civil lawsuit even if the nursing home denies the abuse occurred?
Yes. A nursing home's denial does not prevent a civil claim. Under NY Public Health Law 2801-d, facilities have an independent legal duty to protect residents, and a lawsuit can proceed based on evidence of negligent hiring, supervision, or retention of staff — regardless of what the institution acknowledges.
Does filing a lawsuit mean I have to appear in court?
Not necessarily. Many civil sexual abuse cases resolve before trial through settlement negotiations. You decide at every step whether to proceed, and Banville Law will walk you through your options at your pace — there is no obligation to go to court.
How long do I have to file a nursing home sexual abuse claim in New York?
For adult survivors, CPLR 214-j provides 7 years from the last act of abuse, or 3 years from the date you discovered a connection between the abuse and a psychological or physical injury. If you are unsure whether your claim is still timely, speaking with an attorney as soon as you feel ready is important.
Is my conversation with Banville Law confidential?
Absolutely. Attorney-client privilege protects every conversation you have with Banville Law from the moment you first reach out. Nothing you share will be disclosed without your consent. If you need immediate emotional support, the RAINN National Sexual Assault Hotline is free, confidential, and available 24/7 at 800-656-4673.