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Well-maintained security systems and adequate lighting are only a few examples of safety measures property owners are required to implement to provide a safe environment for customers, visitors, and/or residents. If they neglect to maintain a secure environment and these conditions result in rape or sexual assault, victims can build a premise liability case against the property owner. Sexual assault is a traumatic experience, often resulting in both physical and emotional injuries. Victims can build a case to receive possible compensation for medical bills, pain and suffering, lost wages, and other damages resulting from their assault.

Common Locations Involving Assault Cases

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While sexual assault and other criminal activity can occur almost anywhere, there are certain types of locations that may be more prone to these cases. Property owners in certain locations should be aware of the possibility of assault and other illegal activities that are more likely to occur on their property. Typical locations may include:

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The Federal Tort Claims Act (FTCA) lets you file a damages claim arising from a federal entity’s negligence. A successful injury claim needs to follow specific steps that the FTCA has laid out. Learn more about what you can sue for and what to keep in mind before you initiate legal action.

Claims Permitted By the FTCA

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FTCA claims usually provide monetary compensations for injury or property loss due to an act of negligence from government employees. Such claims are, however, subject to different limitations and exceptions. For one, you can only sue federal employees and not independent contractors working for the federal government. The negligent act also needs to have taken place within the employee’s scope of employment. The FTCA doesn’t allow claims on intentional misconduct but only focuses on negligence. State laws also play a role in the success of your application. You’ll need to base your claim on the state’s statutes where the negligent conduct took place.

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If you’re injured on the job, you’ll probably recover compensation for your injury through your company’s workers’ compensation program. Filing a workers’ compensation claim is the exclusive fix for a work-related accident, occupational disease, or traumatic injury. This means, however, you cannot file a regular lawsuit for damages related to a workplace injury. The difference between a workers’ compensation claim and a civil claim is that you cannot recover any type of punitive damages. Most workers’ compensation is tired into state laws and is determined by your wages. Learn if your injury qualifies for a civil lawsuit.

Civil Suit Timelines

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To file a civil suit against your employer, the circumstances have to be specific. You can file a lawsuit if one of the following situations has occurred:

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A legal consultation can decide whether or not you’ll hire an attorney for a legal matter. Preparing adequately for your consultation helps your attorney quickly understand your issue and if you have a case. Here’s what you need to have in place before meeting your lawyer.

Gather All Documents Relevant to the Case

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Collect all relevant information about the case and bring copies of the following documents to your meeting. Those records can include:

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The inside of a courtroom, representing the personal injury cases of Leav & Steinberg LLP in New York, NYWhen the coronavirus struck New York, making sure that we could help our clients after the shutdown was critical. Along with the local court system, we relied on ZOOM and other virtual platforms to offer legal services.

New Work Strategies

Before we could implement any changes and develop a plan, we had to speak with our staff and see how we could manage their workloads. One of the things we did was ask our lawyers and paralegals to create a plan each morning for maintaining a certain level of productivity. Then, they send an email every evening of the tasks they’ve completed. This strategy helps keep our staff accountable and responsive to the demands of assisting our clients.

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Jack Nathan passed away on July 3, 2020, at 19 years old. A friend to the Steinberg family, Jack brought life and brightness to any room he walked in. Jack had an exceptional talent for making everyone feel important and relevant, no matter who they were. His creative spirit and commitment to people inspired him to launch Happy-Jack, a design-based fundraiser for mental health and wellness. These issues were important to him and you can view his company’s mission here.

What We’re Doing

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Jack’s passing shook our community, and Leav & Steinberg LLP wanted to do something in remembrance of an extraordinary boy. From August 1 and continuing until December 31, 2020, our partner, Edward Steinberg, is hosting a RunRaiser: for each mile completed, participants will donate 25 cents to the Child Mind Institute, Jack’s favorite nonprofit dedicated to transforming the lives of children, families, and communities affected by mental illness and learning disabilities. After agreeing to donate, you will be given access to Mr. Steinberg’s Garmin tracker to see how many miles he’s completed. On average, Mr. Steinberg runs about 25 miles weekly, which adds up to roughly $125 for the duration of the fundraiser. Once completed, you can donate directly to the Child Mind Institute.

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As businesses continue to reopen, they’re taking steps to protect themselves from the potential legal risks of operating during the COVID-19 pandemic. Some companies are now requiring customers to sign liability waivers before receiving services. It may be difficult to understand how these waivers work and what their impact will be on customers and employees.

The Current Waiver Situation

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COVID-19 liability waivers are intended to limit a customer’s right to file a lawsuit if they get infected during a visit to a business. Hair salons, dental offices, and other companies are requiring people to sign liability waivers before letting them enter the premises. For example, people who went to the rally in Tulsa for President Trump had to agree not to sue the organizers if they contracted the virus.

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Whiplash, a term used to describe a neck strain, is one of the most common auto accident injuries. When a serious collision causes the head to suddenly jerk forward or backward, the neck tendons and muscles may be stretched and torn. If you or a loved one has developed neck pain and stiffness after a car accident, you should learn more about the symptoms of and treatment for whiplash.

Symptoms of Whiplash

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If you have whiplash, you will likely experience some of the following symptoms:

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In observance of state and federal social distancing guidelines to help prevent the spread of COVID-19, local courthouses have either closed or postponed hearings. Use this guide to help alleviate the uncertainty surrounding scheduled court proceedings.

Courthouse Closures

The inside of a courtroom, representing the personal injury cases of Leav & Steinberg LLP in New York, NY

Trying to navigate closures of any kind during the pandemic can be frustrating and confusing. To find out about the status of courthouses in the state of New York, call your local courthouse or attorney to learn which court appearances are continuing as scheduled. You should be able to locate your courthouse’s contact information by referencing your case documents.

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With the United States slowly easing into the first few stages of reopening, some business owners and politicians have expressed concerns that this progress may be thwarted by a “new pandemic”, personal injury lawsuits. In light of COVID-19 recovery, some are petitioning for protections that will shield businesses from liability concerns regarding coronavirus infection risks stemming from reopening. Currently, it’s unclear whether Congress will decide in favor of protecting business owners from such lawsuits.

Calls for New Legislation

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In New York, State Legislature has approved liability protections for healthcare providers in anticipation of a wave of lawsuits related to COVID-19 fatalities. Legal teams representing small businesses nationwide are requesting Congress to extend these protections to employers who fear that they may fall victim to frivolous lawsuits claiming employees or customers contracted the virus at their establishments. However, not everyone is on board with establishing this liability shield, as it could lead to potential dangers for the public due to the negligence of organizations caused by failure to adhere to duties of care. Edward Steinberg, the president-elect of the New York State Trial Lawyers Association, voiced his opposition to this legislation by stating that, “Big businesses aiming to shirk responsibility and shift costs onto workers will make it harder to get Western New York up and running.”

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