The stages, in order
-
Investigation, before anything is filed
Identifying who was responsible, what records exist, and whether a claim is viable. Nothing is
public at this stage and you are not committed. -
Filing
A complaint is filed and the defendant is served. This is the first point at which the claim
exists publicly, and it is where identity protections are addressed. -
Discovery
Both sides exchange documents and take testimony. This is where institutional records (personnel files, complaints, internal correspondence) are produced, and it is usually the
longest phase. -
Resolution
Most cases settle. Some are tried. Which happens depends significantly on what discovery
produced and on whether the defendant believes the case would be tried.
What is asked of you, honestly
You will be asked to give an account, more than once. You may be deposed, which means
answering questions under oath with the other side’s lawyer present. Some records, often
medical or psychological, may become relevant. None of this is pleasant and it is better to
know it at the start than to discover it later.
What is not required: confronting the person who harmed you, testifying in a criminal trial,
or telling your family. Most cases resolve without our client and the defendant ever being in a
room together.
How long it takes
Longer than people expect, often a year or more, sometimes considerably longer where an
institution litigates hard or where a bankruptcy process is involved. Anyone promising a
timetable at the first call is guessing.
Time limits in New York turn on how old you were, who was responsible and the particular facts. Two rules anchor most cases: someone abused as a child can generally bring a civil claim up to their 55th birthday, and certain felony sexual offences suffered as an adult carry a 20 year window. Neither is the whole picture, and people regularly assume they are out of time when they are not. Ask rather than assume, it is a free call.
Will I have to go to court?
Most likely not. Most cases resolve without a trial. You would know well in advance if yours were heading that way, and you would be prepared for it.
What does it cost?
Nothing up front. These cases are taken on a contingency fee, a percentage of any recovery, and no fee if there is no recovery.
Can I stop once it has started?
Yes. It remains your case and your decision throughout.
Can my name be kept out of it?
There are steps that can be taken to protect a survivor’s identity in the court record. What is available depends on the court and the circumstances, and it is discussed before filing rather than after.