Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file a nursing home sexual abuse lawsuit if the abuse happened years ago?
More than one deadline can apply. A claim under Public Health Law §2801-d against the facility generally carries a 3-year deadline. A direct claim against the individual who committed the abuse — an intentional tort — carries a much shorter 1-year deadline under CPLR §215. New York's Adult Survivors Act (CPLR §214-j) temporarily revived time-barred claims for adult survivors, but that one-year window closed on November 23, 2023 and is no longer open; the ongoing civil statute of limitations for many sex offenses is 20 years under CPLR §213-c. An attorney can confirm which deadline governs your specific situation.
Does a civil lawsuit require me to report the abuse to police first?
No. A civil lawsuit is entirely independent of any criminal prosecution. You have the right to pursue a civil claim at your own pace, and you decide whether to involve law enforcement — those are two separate paths, and one does not require the other.
What if I am not ready to share all the details right away?
That is completely understandable — coming forward takes courage, and you are in control of this process. Every conversation with Banville Law is protected by attorney-client privilege, and there is no obligation to proceed. You can share as much or as little as you are ready to at any point.
Can the nursing home be held responsible even if they claim they did not know about the abuse?
Institutions can be held liable under theories of negligent hiring, negligent supervision, and negligent retention — meaning the nursing home's failure to protect residents can establish civil liability independent of what staff knew or when. The focus is on the institution's duty to keep residents safe.