New York State Child Victims Act: What Does It Mean?

In January of 2019 New York State passed a new bill that allows victims of child sexual abuse to sue their abusers until the age of 55. Previously the law was that victims had 5 years from the time they turned 18 years of age to report their crime and seek justice, making the maximum age 23. If a victim had kept silent for any number of valid reasons passed the age of 23, they no longer had the right to seek damages against their abusers.

Why did the law change?

Simply put, the state Catholic Conference and insurance companies had lobbied hard to make sure this bill didn’t pass. In November when the Republicans lost control of the state Senate to the democrats, the bill was set in motion almost immediately.

Many victims of child sex abuse take decades before coming forth. Some victims repress their memories or don’t feel comfortable sharing them until much later in life. The Child Victims Act recognizes this and extends the opportunity of seeking justice to those who need more time in order to come forward.

What’s the fine print?

The Child Victims Act has three main components to it:

  • The new statute of limitations for criminal charges to be brought against abusers increases from the time the victim is 23 years of age, to 28 years of age.
  • The new statute of limitations for civil charges increased from the time the victim is 23 years of age to 55 years of age.
  • There’s a one year window from the time the bill was passed allowing victims of any age to sue their abusers.

Who can be sued under the Child Victims Act?

You can either sue the individual abuser or the institution responsible or both. A notice of claim is not necessary. Previously, in order to sue a public institution you needed to file a notice of claim within 90 days of the abuse, this is no longer necessary.

What should I do if I’m a victim of child sex abuse?

You can contact us at The Orlow Firm for a free consultation. You’ll speak to a lawyer, go over the details of your case and if we decide to work together there is no upfront cost to you. If you don’t receive a settlement, you don’t owe us anything. You have nothing to lose by contacting us and speaking to one of our experienced attorneys. We have offices throughout NYC and represent victims in Queens, Brooklyn, The Bronx, Manhattan, Long Island and Staten Island.

Contact The Orlow Firm Today

To contact a New York child victims act attorney at our firm, call (646) 647-3398.

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Child Sex Abuse: New York State Extended Its Statute of Limitations

Until now, New York State’s sexual abuse laws were among the most restrictive laws in the nation. This changed on January 28th, 2019, when the Senate and Assembly approved the Child Victims Act, which extended the statute of limitations for child sex abuse.

Sexual abuse can often lead to Post Traumatic Stress Disorder (PTSD), depression and anxiety. Victims of childhood sexual abuse most of the time might not have adequate communication skills to report the event or provide details. Moreover, they may not even know at that time that the action or event constitutes sexual abuse. For many reasons, years and decades can pass until a victim decides to disclose what happened and take further steps to seek justice. Statistics of Child USA show that the average age of victims to disclose the event or events is 52.

Before the Child Victims Act, criminal or civil charges were required to be brought before the victim reached 23 years of age. Under the new bill, victims can bring civil cases until age 55 and prosecutors can bring criminal charges until the victim turns 28.

The new bill also includes a one year period after the law comes to effect, during which victims of any age will be able to sue the abuser no matter how long ago the event occurred. This period is included in the bill so that victims above the age of 55 can pursue legal action against their victimizers.

Furthermore, under the Child Victims Act, claims can be brought against individuals and both private and public institutions, such as schools, churches and organizations.

Contact The Orlow Firm Today

At The Orlow Firm our lawyers have extensive experience with sexual abuse cases and have helped many victims of sexual abuse to seek justice. Our expertise includes bringing lawsuits against individuals as well as private and public institutions. If you are or have been a victim of sexual abuse, do not hesitate to contact our attorneys. Our services are offered throughout New York City, including Queens, Brooklyn, The Bronx, Long Island, Staten Island and Manhattan.

To contact a New York child victims act attorney at our firm, call (646) 647-3398.

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Notice of Claims — Things You Should Know

New York City Personal Injury and Notice of Claim Legal Help

Bringing Over 120 Years of Combined Personal Injury Law Legal Experience to New York City Residents

When you experience a personal injury or lose a loved one in an accident in New York City, many legal steps need to be taken on your road to a successful bid for financial compensation. One important step is to file a Notice of Claim.

A Notice of Claim may have to be filed depending on the nature of the claim. For instance:

  • Were you injured by a police officer or other law enforcement official? A Notice of Claim needs to be filed, and every jurisdiction has its own rules as to where, specifically, the Notice of Claim must be filed. If it is filed it in the wrong place the Notice of Claim becomes invalid!
  • Were you injured in a car or truck accident or as a pedestrian? Notice requirements depend on who the other party is, i.e. a taxi company, a city-owned vehicle, a bus, a subway train or an 18-wheeler or commercial vehicle. A publicly- or quasi-publicly-owned vehicle will require a Notice of Claim.
  • Were you injured on dangerous property or by an unsafe product? Defendants and insurers must be identified and contacted. Again, publicly and quasi-publicly-owned property will require a Notice of Claim to be filed with the proper authority. Each public entity has its own requirement as to when and where the Notice of Claim must be filed before a lawsuit can be started!
  • Were you injured on the job? Accident reports must be filed with insurers and, perhaps, the workers’ compensation system must be notified

Contact The Orlow Firm Today

At The Orlow Firm, we have helped injured New Yorkers since 1981 by founding lawyer Steve Orlow, who has practiced law since 1969. We can take away the confusion at a difficult time by handling Notice of Claim requirements and by fully handling your personal injury case. And we combine our hands-on and helpful service with a focus on results. We have recovered many millions of dollars of cumulative compensation for clients, including several seven-figure awards.

We offer free initial consultations, work exclusively on a contingency-fee basis and can go to you if you cannot come to us.

To contact a New York personal injury attorney at our firm, call (646) 647-3398.

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Safety Code Violations

Have You Been Injured Due to a Safety Code Violation?

Construction is heavily regulated, and for good reason. It’s dangerous. When safety is ignored at construction sites, both construction workers and passersby can be seriously injured or killed. Safety is the primary reason behind New York City’s strict building code, and violations of the code cause or contribute to many serious injuries and deaths at construction sites.

If you have been injured in a construction site accident and suspect that a safety code violation was a factor, the New York construction accident attorneys at The Orlow Firm can help. We have more than 30 years of experience investigating and holding building owners, contractors and others responsible for construction accidents.

Our father-and-sons legal team represents workers injured in construction accidents throughout New York City, including Brooklyn, Queens, Manhattan and the Bronx. Contact us online or call (646) 647-3398 for a free consultation.

Code Violations Have Consequences

Building owners and contractors must usually obtain permits and submit to inspections by the city for construction work. When the New York City Buildings Department finds hazardous or unsafe conditions, it issues a stop work order. Thousands of these orders are issued each year, but construction workers and others continue to suffer serious and sometimes fatal injuries as a result of safety code violations.

Our law firm can help with injuries that result from:

  • Health and sanitation violations
  • Faulty plumbing
  • Faulty electrical wiring
  • Failing to obtain a permit
  • Slippery conditions
  • Unsafe entries
  • Inadequately secured ladders and scaffolds
  • Exposed holes with no warning signs
  • Inadequate safety equipment

If you have been injured on a work site, our law firm can help you. We can refer you to a skilled workers’ compensation lawyer, and we will thoroughly investigate your accident for a third-party liability claim stemming from a code violation or another careless or negligent act.

Contact The Orlow Firm

To learn more about how we can help you with a potential claim based on a code violation, contact our law firm for a free consultation. Our personal injury cases are handled on a contingency fee basis, which means that you will owe us no attorney’s fees unless we obtain compensation for your claim.

Call (646) 647-3398 or contact us online.

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Improperly Assembled Scaffolding Accidents in NYC

Helping Injured Construction Workers Since 1981

Few circumstances pose a more dangerous threat to construction workers’ safety than unsafe scaffolding. Once scaffolding is assembled, dozens or even hundreds of workers may climb it daily. One error, made hours, days or weeks ago, can eventually lead to serious injuries or wrongful death when the scaffolding fails.

The New York construction accident attorneys of The Orlow Firm have handled thousands of personal injury cases since Steve Orlow founded our firm more than 30 years ago. We are committed to protecting clients’ rights following scaffolding accidents and have recovered significant awards for injured construction workers both through negotiated settlements and jury verdicts.

For experienced lawyers following scaffolding accidents and other construction site accidents, contact The Orlow Firm. Call (646) 647-3398 or contact us online.

Improperly Assembled Scaffolding and Construction Site Accidents

Following injuries at a construction site in a scaffolding accident, we can conduct a full investigation. We can help when scaffold injuries occur due to:

  • Unsecured connections
  • Defects
  • Toppling when built on uneven or soft ground
  • Lack of safety rails and other safety features
  • Assemblage by untrained employees
  • Other problems with scaffolding

New York Scaffolding Laws Protect Injured Workers

Under New York Labor Law 240(1), all contractors and owners, except for owners of one- and two-family dwellings who contract for work but do not oversee the work, are strictly liable for injuries to workers in scaffolding accidents. These legal measures give workers injured in scaffolding accidents extra protections outside of workers’ compensation.

Contact The Orlow Firm

If you or a loved one has suffered an injury in an accident caused by improperly assembled scaffolding, don’t accept anything less than the personal attention you deserve. At The Orlow Firm, you will always work with a named partner of the firm. We believe you should expect nothing less. To learn how our clients feel about working with us, check out our verdicts and settlements and our client testimonials.

We offer free initial consultations and operate four offices across New York City for your convenience. We can go to you if you cannot come to us.

To contact us, call (646) 647-3398 or visit our contact page for more information.

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