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Tolmage, Peskin, Harris, Falick's Blog

Hundreds of claims filed under Child Victims Act so far

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Wednesday, August 14, 2019, was a landmark date in the civil justice system of New York State. It marked the first day of a one-year lookback period under the Child Victims Act, passed last February. The Act gives adult victims of childhood abuse a limited window of time to bring time-barred claims against abusers and institutions. In essence, it opens the courts to those who would otherwise have no legal recourse.

 

One-year window opens soon for adult victims of childhood sex abuse

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The clock is ticking. A landmark date will soon be upon us. Starting in mid-August, adult victims of childhood sex abuse can begin filing claims against their abusers and the organizations that harbored them.

The one-year window is a result of the Child Victims Act, a groundbreaking state law that went into effect last February. It grants victims a limited period of time to seek justice on claims that would otherwise be time-barred under the statute of limitations.

Sex abuse claims involving Catholic Church: Who pays?

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As the Catholic Church in New York gears up to address hundreds - potentially thousands - of sex abuse claims, one question looms large: Where will the payouts come from?

The Church is anticipating a wave of sex abuse claims when the one-year window opens under the Child Victims Act next month. The Act gives survivors of childhood abuse a limited period of time to file lawsuits that would otherwise be time-barred. While it covers claims against any organization or institution, the Catholic Church will likely be most heavily impacted, with some sources estimating as many of 2,500 individual claims against the Church and tens of millions of dollars in payouts.

Report: Catholic Church spent millions opposing Child Victims Act

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It’s no secret that child sexual abuse is a widespread and longstanding problem in the Catholic Church. What isn’t widely known, however, is just how far the Church has gone in opposing legal reforms that would give victims access to courts. Until now, that is.

 

Victims of Boy Scout abuse will soon have a voice

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Its image as a safe and wholesome refuge for boys now shattered, the Boy Scouts of America may soon be held accountable for sexual abuse within its ranks. Shocking numbers have come to light concerning the extent of the abuse.

The organization has long been plagued by accusations of sexual abuse against troop leaders and other adults. Previous investigations have revealed tens of thousands of pages in internal documents, dubbed the “perversion files,” that evidence a widespread pattern of abuse going back decades. And now it appears that the abuse took place on a much larger scale than previously thought.

Child Victims Act will shed light on abuse by NY Catholic priests

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As discussed in a previous blog post, New York survivors of childhood sexual abuse will have an extended deadline - changed from age 23 to age 55 - to bring civil lawsuits against both the perpetrator and the organizations that harbored them. The law also opens a one-time, one-year window for those whose claims would otherwise be time-barred.

While the new act applies to all organizations, not just the Catholic Church, those familiar with the church sex scandal believe that this new act – along with a confluence of events listed below - could mean that the bulk of cases taking advantage of the one-year window will be focused on the Catholic Church.

One-year window for victims of sexual abuse in NY to seek justice

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With the Child Victims Act now signed into law, survivors of childhood sexual abuse will have an opportunity to seek justice against their abusers and the organizations that harbored them. It’s a victory that’s nonetheless bittersweet, as it means that more light will be shed on horrific instances of abuse across New York.

Previously, child victims only had until age 23 to sue perpetrators of sexual abuse. Yet for survivors of childhood sexual abuse—many of whom don’t come forward until adulthood, if at all—there is no statute of limitations on the suffering. It lasts a lifetime.

3 factors increasing bicyclist safety in New York City

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Many people assume that New York City is an unsafe place for bicyclists. While it is true that the city does have some challenges for people on bicycles, it is safer than most people realize. One thing that has increased the safety for cyclists is that the city has made great strides toward providing a good environment for them. This includes dedicated bike lanes that are gaining more miles each year.

New York City is known for aggressive drivers, but with the number of cyclists sharing the roads, these drivers have become conditioned to watch for bicycles. There are around a half million cyclists in the city each month. This is one of the biggest factors for why NYC is considered one of the safest cities for cyclists.

NYC’s first cycling fatality of 2019 renews safety push

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With the largest bike network in the nation, Citi Bike share availability and abundance of bicycle messengers, New York could be considered a cyclist’s paradise. However, the city’s high traffic and unpredictable drivers mean it is often a highly dangerous place for those on two wheels.

This was proven again last when the city experienced its first cycling fatality of the new year. According to a January 2 piece in Metro Media, a 26-year-old cyclist was killed in traffic on Third Avenue in Brooklyn. The cyclist, who was riding in a painted bike lane, was doored by a parked car, causing him to fall off his bike into traffic.

Focus on visibility for safely biking in the colder months

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Maybe you're a cycling enthusiast who enjoys participating in races. That can lead you to want to train for cycling in every season to maintain your peak fitness level and performance ability. Perhaps you work as a bike messenger or delivery person. You will still need to generate income regardless of how bad the weather becomes.

No matter what your reason is for biking during the colder months, there is no question that there are more safety concerns to address. Winter roads are often slick and slippery, which can lead to an increased risk for collisions. Beyond that, the lower levels of sunlight and shorter days during the winter months can also contribute to visibility issues and increased collision risk.

Past President NYSTLA
Big Apple | Pothole & Sidewalk Protection Committee
Trial Lawyers Care
Super Lawyers
Take Justice Back | www.takejusticeback.com
Life Member | Million Dollar Advocates Forum | Multi-Million Dollar Advocates Forum | The Top Trial Lawyers in America
American Association for Justice Leaders Forum | Benefactor 2017
American Association for Justice | Sustaining Member
Avvo Rating | 10.0 Superb | Top Attorney Medical Malpractice
10 Best 2017-2018 2 Years Attorney | Client Satisfaction | American Institute of Personal Injury Attorneys
Past President NYSTLA
Big Apple | Pothole & Sidewalk Protection Committee
Trial Lawyers Care
Super Lawyers
Take Justice Back | www.takejusticeback.com
Life Member | Million Dollar Advocates Forum | Multi-Million Dollar Advocates Forum | The Top Trial Lawyers in America
American Association for Justice Leaders Forum | Patron 2015
American Association for Justice | Sustaining Member 2015
Avvo Rating | 10.0 Superb | Top Attorney Medical Malpractice
10 Best 2017-2018 2 Years Attorney | Client Satisfaction | American Institute of Personal Injury Attorneys

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