Do I Qualify for a Claim?
Understanding whether you may have a claim under NYC's Gender Motivated Violence Protection Law.
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Every case is unique, and we evaluate each situation individually. However, there are certain factors we look for when determining whether we can pursue a claim on your behalf. Below is an overview of what generally strengthens a case and what may present challenges.
Key Factors We Look For
- The abuse occurred at a NYC institution (school, hospital, detention center, etc.)
- The abuse was sexual in nature (not general corporal punishment)
- The abuser was an employee, staff member, or someone acting in an official role at the institution (e.g., teacher, correction officer, counselor, coach, doctor)
- You can identify the abuser (by name, nickname, or detailed description)
- You know approximately when the abuse occurred
Helpful But Not Required
These factors can strengthen your case, but their absence doesn't necessarily prevent us from proceeding:
- Documentation that you were at the institution
- Names of potential witnesses
- Prior reports or complaints you may have made
- Medical or therapy records related to the abuse
Important: A criminal record does not prevent you from filing a claim. If you were sexually abused by staff while in custody at a NYC jail or detention facility, you have the same right to seek justice as any other survivor.
Situations Where We May Not Be Able to Help
In some situations, we may not be the right firm for your case. This includes:
- The abuse did not occur in New York City
- There is no connection between the abuse and an institution
- The abuser cannot be identified through investigation
- The conduct was not sexual in nature
Not Sure If You Qualify?
The best way to find out is to speak with our team. We offer free, confidential consultations and can evaluate your specific situation.
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