How a civil claim differs
A civil case seeks money damages and sometimes other relief, and it is brought by the survivor rather than by the government. The burden of proof is generally lower than in a criminal case, and a civil claim can go forward even when no one was charged or a criminal case ended without a conviction. Claims can sometimes be brought against an institution as well as the individual, such as an employer, a school, a landlord, or a business, when its own failures were part of what happened. Whether those claims are viable depends heavily on what the institution knew and when it knew it.
Deadlines and timing
Filing deadlines for these claims depend on the conduct and the survivor's age at the time, and they differ by state. New York has lengthened the filing period for some claims in recent years; its statewide revival windows have closed, but a separate New York City window has reopened and is being challenged in court. Claims against public entities, such as a public school district or a city agency, can require a formal notice of claim within a short window, though New York exempts many claims based on abuse suffered as a child. Because the rules have changed more than once, an older claim should be reviewed by a lawyer rather than ruled out on the basis of something read online. Deadlines are often the first thing we check.
What a first consultation covers
We listen to what happened at whatever pace you choose, and we ask what records exist: medical visits, therapy, messages, reports to a school or employer, or a police report. We discuss what a lawsuit would ask of you, including the possibility of testifying and having parts of your history examined. In some cases a court can allow a plaintiff to proceed under a pseudonym, which is worth raising early if privacy is a concern. You decide whether to go forward, and you can take the time you need within whatever deadlines apply.
