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Buffalo Sexual Abuse Lawyer
Compassionate, experienced legal support for sexual abuse survivors in and around Buffalo, NY
Sexual abuse is one of the most heinous crimes we encounter as New York personal injury attorneys. The physical and emotional toll of sexual abuse can extend into nearly every aspect of a survivor’s life and fundamentally change the way they engage with the world around them. Work, school, family, friends, and other obligations can all become sources of immense fear and distress for survivors of sexual abuse and violence, to say nothing of the strain associated with the criminal and civil legal processes.
While many people think of sexual abuse as a purely criminal offense, there is also civil recourse available to survivors in many cases. Survivors may be within their rights to pursue civil claims against individual perpetrators and – in some cases – negligent institutions that caused them harm. Civil claims cannot yield criminal punishment, but they can provide survivors with the financial compensation they need to move forward.
At O’Brien & Ford PC, we believe sexual abuse cases deserve to be handled with extreme care. Survivors need to know that someone is looking out for them and is willing to advocate for their best interests. Even if we’re tasked with taking on a resource-laden institution, we refuse to take the easy road when fighting for our clients.
If you’re considering taking legal action related to sexual abuse or assault, our team would be happy to talk to you about your options. We offer free, confidential consultations, and we don’t expect you to pay us any attorneys’ fees unless we recover compensation in your case. When you call our office, we connect you within two minutes to an attorney who is ready and willing to listen to your story. Contact us today to take the next step in your fight for justice – we would be honored to represent you.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- Civil lawsuits vs. criminal prosecutions: How they differ
- Who can be held civilly liable for sexual abuse?
- Sexual abuse involving children
- What compensation may be available in a sexual abuse case?
- How long do you have to file a sexual abuse lawsuit in New York?
- Why work with O’Brien & Ford?
- Frequently asked questions about civil sexual abuse claims
- Speak to a Buffalo sexual abuse lawyer
Civil lawsuits vs. criminal prosecutions: How they differ
A civil sexual abuse claim is not the same thing as a criminal prosecution. When criminal charges are filed against an alleged perpetrator, the case against them is typically brought by a state prosecutor. The objective of a criminal sexual abuse case is to impose criminal penalties upon an offender should they be found guilty.
This is different from the goal of a civil case, which is usually brought by a survivor against their abuser rather than by the government. In a civil case, the plaintiff seeks to recover compensation from the person alleged to have perpetrated abuse against them. This compensation is intended to address certain losses a victim incurred as a result of their abuse, though some cases also result in a defendant being ordered to pay punitive damages as punishment for their actions.
Civil and criminal cases function independently of one another, so survivors can pursue a civil claim for compensation regardless of whether or not their alleged abuser was convicted or even charged criminally. The sexual abuse lawyers at O’Brien & Ford PC do not handle criminal sexual abuse cases, but we are prepared to represent survivors in civil claims in the state of New York.
Who can be held civilly liable for sexual abuse?
Many civil sexual abuse cases are brought by survivors against individual abusers. However, there are other parties who could be considered liable in certain cases. Most often, these cases involve institutions like schools, businesses, churches, and youth programs that failed to properly address or prevent abuse.
An abuse survivor may be able to hold an institution accountable if they can show that the institution’s own negligence caused or contributed to the abuse, such as by failing to take reasonable steps to protect someone from a known or foreseeable risk. For example, if an organization knew or should have known that an applicant had a propensity for sexual abuse and hired them anyway, that organization could be considered responsible if the employee goes on to perpetrate abuse on its watch.
Depending on the facts of a case, abuse survivors may be within their rights to take legal action against:
- Individual abusers
- K-12 schools
- Colleges and universities
- Daycare facilities
- Churches and other religious organizations
- Camps, clubs and after-school youth programs
- Athletic organizations
- Employers and businesses
- Medical facilities
- Nursing homes
- Landlords
- Hotel and property owners
- Government agencies or public institutions
Cases that involve institutions tend to be complex and require a high volume of evidence and supporting documentation. Some organizations have insurance carriers and high-powered legal teams that are poised to fight back aggressively against claims of negligence. The team at O’Brien & Ford PC has experience handling cases of institutional abuse and knows how to conduct a thorough investigation into all potential sources of liability involved in a case.
Sexual abuse involving children
According to RAINN, over 56,000 children are sexually abused every year. Unfortunately, this statistic likely only reflects reported and disclosed incidents of abuse and doesn’t capture all of the incidents that go unreported. As difficult as it is to confront these cases, it’s absolutely vital that survivors of child abuse have opportunities to have their voices heard.
O’Brien & Ford PC handles child sexual abuse cases with the utmost care. We understand that these cases often involve complicated factors and sensitive information that must be met with compassion and understanding. Some survivors of child abuse don’t come forward with their allegations until years after an incident took place. Others may not even realize they suffered abuse until years down the line. No matter when the abuse took place, our team is prepared to support clients in their pursuit of whatever justice looks like for them.
If you’re a parent whose child was sexually abused by a teacher, religious leader, relative, coach, or other community member, you may have options available to help you seek justice now. In some cases, a parent may pursue civil sexual abuse claims on their child’s behalf. They may also be able to file their own claim against a perpetrator to help them recover compensation for expenses they paid due to their child’s abuse. Our team can help you better understand your legal options based on the facts of your case and point you in the direction that is most likely to provide your family with the funds and accountability you need to address your personal and financial losses.
Testimonials
What Our Clients Say About Us
“I cannot say enough good things about Chris Pannozzo and this law firm! From start to finish, the professionalism, communication, and dedication was exceptional. I always felt supported, comfortable, listened to, and confident that I was in good hands. My case was handled with the utmost care and attention, and I couldn’t be happier with the way everything was resolved. I would highly recommend the firm to anyone.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
“I highly recommend O'Brien & Ford, P.C. to anyone who has been injured and needs someone they can trust. I’m extremely thankful for everything Anant and his team did for me and for the way I was treated throughout the entire process. They were professional, knowledgeable, and always took the time to explain things clearly and answer my questions. I would highly recommend this law firm.”
What compensation may be available in a sexual abuse case?
It can be hard to quantify the impact of sexual abuse, but that doesn’t mean compensation is out of the question for survivors. Depending on the nature of your case, you may be entitled to compensation for a range of damages related to the abuse you or your child endured.
Many survivors seek compensation for things like medical bills and therapy costs connected to their abuse. The physical and emotional impact of sexual violence can last for months or years after an incident, and many individuals require ongoing medical and mental healthcare to help them cope. Doctor visits, psychiatric medications, therapy sessions, and other treatment approaches come at a cost, and these combined expenses can outpace survivors’ financial means in many cases.
There’s also the personal side of sexual abuse to consider. Not every abuse-related loss looks like an out-of-pocket expense. Many of the long-term consequences associated with sexual abuse are more or less invisible to the naked eye, but they’re still very real for survivors and the people who care about them. Under New York law, survivors may be able to recover compensation for pain and suffering, emotional distress, loss of quality of life, and psychological trauma, depending on the facts of the case.
Friends and family may serve as witnesses in a civil sexual assault trial because they can speak to the multifaceted impact of the abuse endured by the survivor. Sharing how a victim’s life has been affected by the actions of their abuser can help paint a clear picture of the harm they suffered and support a claim for non-economic damages.
How long do you have to file a sexual abuse lawsuit in New York?
The amount of time you have to file a claim will depend on some key details of your case. In general, covered child sexual abuse claims that remain subject to CPLR § 208(b) may be brought on or before the survivor turns 55 years old. Cases involving adult victims may be subject to a few different statutes depending on the nature of the abuse and other statutory factors.
Many sexual abuse cases involving adults that fall within CPLR § 213-c are subject to a 20-year time limit, but other statutes may apply in your case. Previously time-barred claims may be subject to different rules because the Adult Survivors Act revival window has closed. If you’re considering taking legal action related to sexual abuse, it’s critical that you consult with an attorney who can explain the statutes that may apply in your case. Complying with deadlines is extremely important in these cases, and an experienced attorney can help you stay on track while assessing and exercising your legal options.
Why work with O’Brien & Ford?
If you or a loved one was sexually abused, we know it’s probably hard for you to trust anyone else with your story. These cases shake survivors’ confidence and threaten their sense of safety – often for years after the fact. Because of the uniquely vulnerable nature of sexual abuse cases, the team at O’Brien & Ford PC takes extra pains to handle these cases with the respect and compassion they deserve.
When you call our office, we connect you with a Buffalo sexual abuse lawyer within two minutes so you don’t have to repeat yourself to multiple staff members or deal with an impersonal answering service. We intentionally limit our caseloads so we can provide proactive, personal legal support to our clients. We know it’s not always easy to ask for help, but we want to show you that someone out there has your best interests at heart.
In addition to our commitment to providing trauma-informed legal services, we also promise trial readiness to our clients so they never have to worry about the future of their claim. Our team conducts thorough investigations into claims of sexual abuse and builds strong, compelling cases that honor our clients’ wishes and respect their privacy. Even if you haven’t reported your abuse to the authorities, our team can help you understand your legal options and offer you the support you need to fight for what you need and deserve. We are standing by to take your call.
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Visit Our Buffalo Offices
If you or someone you love was sexually abused in Buffalo or elsewhere in Western New York, contact us today or stop by one of our Buffalo offices at 4549 Main St., Suite 201, or 701 Seneca St., Suite 208, to get connected with one of our experienced sexual assault attorneys. We know it takes a lot of courage just to pick up the phone, and we commend you for even making it this far. If you’re ready to take the next step, we’re prepared to walk alongside you.
O’Brien & Ford, P.C.
4549 Main Street, Suite 201
Buffalo, NY 14226
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701 Seneca Street, Suite 208
Buffalo, NY 14210
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Frequently asked questions about civil sexual abuse claims
Do I need to report the abuse to the police before filing a civil lawsuit?
No. Civil and criminal cases are independent of one another, so you may be within your rights to file a civil lawsuit even if you never reported the abuse to the authorities. While a police report, criminal charges, or a documented conviction may be brought up in a civil case, they are not a prerequisite for pursuing such a case.
Can I sue a school, church or other organization?
Can I sue a property owner if I was abused on their property?
Will I have to testify in court?
Will my name and personal information become public?
How much does it cost to hire O’Brien & Ford?
Are consultations confidential?
Speak to a Buffalo sexual abuse lawyer
When you’re ready to take the next step in your fight for justice, our team will be here to support you. Whether you’ve already reported your abuse to the authorities or are considering taking action related to abuse that you endured several years ago, our Buffalo sexual abuse lawyers understand the ins and outs of these cases and can work with you to find a path forward that aligns with your needs and goals.