Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a lawsuit if the daycare abuse happened years ago?
Yes. Under CPLR 214-g, New York's Child Victims Act, survivors of childhood sexual abuse — including abuse that occurred at a daycare — have until their 55th birthday to file a civil claim. You may also have up to 2.5 years from the date you discovered that the abuse caused a psychological or physical injury, whichever is later.
Does filing a civil lawsuit mean I have to go to criminal court?
No. A civil lawsuit is entirely separate from any criminal case. Civil liability for a daycare or its staff does not depend on a criminal conviction — or even a criminal charge. You choose your own path, and a civil claim can proceed at your pace regardless of what has happened in the criminal system.
What if the daycare denies the abuse ever happened?
Denial is common, and it does not end your case. Civil lawsuits focus on what the institution knew or should have known, and whether it failed in its duty to protect the children in its care. Evidence such as employment records, prior complaints, and supervision policies can be pursued through the legal discovery process.
Is my conversation with Banville Law confidential?
Absolutely. Every communication you have with our attorneys is protected by attorney-client privilege. Nothing you share — at any stage — can be disclosed without your consent. There is no obligation to proceed, and you decide next steps on your own timeline.