Sexual Abuse Victims Attorney in Buffalo NY
No matter where or how it happens, sexual abuse can devastate a person’s life. Criminals who commit abuse and those who enable or ignore it can be held accountable for their actions. Whether sex abuse or assault occurs at nursing homes, hotels, schools or businesses, the system should hold anyone involved accountable for their actions.
If you want to learn about your legal rights, the knowledgeable Buffalo sexual abuse victims lawyers at Cantor, Wolff, Nicastro & Hall LLC are here to help. We will show you the care and respect you deserve. With more than 100 years of combined experience and a strong reputation for winning cases at trial, we stand ready to help you.
Call The Hurt Hotline today at (716) 848-8000 or contact us online for a free and confidential case review.
Understanding Your Rights as a Sexual Abuse Survivor
People who survive sexual abuse have a wide range of rights under New York law. From the Child Victims Act to the Sexual Assault Victim Bill of Rights signed by Gov. Andrew Cuomo in 2018, New York has written the rights of sexual abuse victims into law. Although these rights can never undo what has happened, they can help you move forward and pursue the justice you deserve.
It is important to understand that your rights to see justice done extend beyond the prison time that may be levied against your abuser in a criminal trial. Your rights as a sexual abuse survivor in New York may include:
- The right to financial compensation from the abuser and liable third parties.
- The right to restitution for medical bills, counseling, loss of property, and other types of damages.
- The right to be free from intimidation.
- The right to be notified of judicial proceedings.
If you were abused or assaulted and are ready to discuss your rights under the law, please contact us today. Our Buffalo sexual abuse victim attorney can review your case for free and explain your next steps for demanding justice.
Criminal vs. Civil Cases
It is essential to understand the difference between a criminal case and a civil case:
- A criminal case is brought by the state against an alleged abuser to determine whether that person is guilty of a crime. If the alleged abuser is found guilty, he or she may be sentenced to time in prison or be punished in other ways.
- A civil case is brought by those who are alleging someone committed sexual abuse. These cases can help sexual abuse victims obtain compensation for their injuries. A civil lawsuit can be brought against an alleged abuser even when the abuser was found innocent in a criminal court.
Who Can Be Held Responsible for Sexual Abuse?
Sexual abusers are not the only ones who can be held responsible in a civil case. Those who ignored or facilitated the abuse can also be held accountable. Many different parties may be held responsible in a sexual abuse claim:
- Hotels are marketed as safe and comfortable places to stay overnight. But when hotels fail to provide adequate protections, lighting and other security, they may be responsible for sexual abuse or sexual assault that happens on their property.
- Nursing homes should be places of care and compassion, not a place where sexual abuse occurs. Unfortunately, sexual abuse in nursing homes is an ongoing problem. When our loved ones are abused, the nursing home may be held responsible.
- Schools are places where children should feel safe. When teachers and other school staff fail to prevent abuse or are abusers themselves, the school and its administrators may be accountable.
- Businesses have duties to protect the health and safety of those on their property. If businesses fail to adequately protect customers and visitors, sexual crimes may be the result.
- Landlords need to keep apartments and housing safe and secure. They need to ensure that adequate lighting is in place, that locks are working, and that their tenants can live safely. When landlords fail in those duties and sexual abuse happens, they may be liable for the results.
- Employers may be liable if sexual abuse or assault happens in the workplace. Whether it’s a supervisor or anyone else in the workplace who is the abuser, employers may be held responsible.
- Churches and civic organizations such as the Boy Scouts have been in the news regarding sexual abuse cases. Organizations that allow abuse to happen, or take steps to conceal it, may be liable.
If you have questions about who may be held accountable in your case, contact a sexual abuse victims lawyer in Buffalo, NY, today.
Demanding Compensation and Justice
Sexual abuse survivors often face many challenges as they struggle to cope with what has happened to them. They may experience medical problems, mental health challenges, and other losses related to what they have been through. Compensation may be available for:
- Pain and suffering
- Emotional distress
- Medical and counseling bills
- Lost wages
If you have questions about what forms of compensation may be available to you, speak with a NY sex abuse lawyer today. A lawyer from our firm will review your case for free and discuss your legal options.
What Is Considered Sexual Abuse?
In New York, sexual abuse is typically understood as any sexual contact that is illegal or unwanted by the victim. This may include intercourse, touching of genitals or other private areas, touching through clothing, or any other sexual contact. It may also be forced upon a victim, coerced through threats, or inflicted on individuals who cannot understand or give consent, such as mentally disabled persons.
How Long Do You Have to File a Sexual Abuse Claim in NY?
The length of time you have to file a claim for compensation will depend on the facts and nature of your case. For example, if you are bringing a case against an abuser or a third party, you may have three years from the date of the abuse to bring a claim. However, if you are bringing a claim based on your sexual abuse as a minor, you may have until the age of 55 to bring a civil case.
If you are considering filing a sexual abuse claim, speak with one of our knowledgeable attorneys today. New York courts strictly enforce time limits on these types of cases. A lawyer can help you understand the laws that apply to your case and help you file a claim before it is too late to take action.
How Our Buffalo Sexual Abuse Victims Attorneys Can Help You
We will start by meeting with you for a free and confidential consultation. We will talk with you about what happened and discuss your options for moving forward. We will ensure that you are comfortable with how your case is being handled.
Our attorneys will work quickly to determine who may be liable. In a sexual abuse case, more parties than just the abuser may be held accountable. People, businesses or organizations that allowed the abuse to happen, ignored it after it took place, or tried to cover it up may be responsible. Our sex abuse lawyers will determine who may be held accountable under the law.
We will thoroughly document all the ways you have been affected and demand the full compensation that you deserve. Sexual abuse cases can be challenging because of the secrecy around them. We will help you tell your story and explain the losses you have suffered.
Our lawyers can manage all negotiations or communications. In a sex abuse claim, a significant amount of communication and negotiation may occur with the other party. Our experienced attorneys will shield you from any contact and ensure your privacy is protected.
If your case needs to go to court, our trusted trial team will be your voice and fight for the justice you deserve.
We Are Here to Help Sexual Abuse Victims
If you need to bring a sexual abuse claim, speak with the lawyers at Cantor, Wolff, Nicastro & Hall LLC today. We are committed to helping sexual abuse victims get the justice they deserve. With more than 100 years of combined experience, our lawyers have an in-depth knowledge of how to handle sexual abuse claims. We have a strong reputation for winning cases at trial, and our capable and caring attorneys will fight for you.
We offer a free case review and charge no fees unless we win for you. To schedule a case review, call The Hurt Hotline today at (716) 848-8000 or contact us online.