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NY Compensation For Victims Of Gun Violence


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    NY Compensation For Victims Of Gun Violence


      How Can We Help You?



      The use of this form for communication does not establish an attorney-client relationship.

      Completing this form opts you in to receive select communications from Friedman & Ranzenhofer.

      NY Compensation For Victims Of Gun Violence


        How Can We Help You?



        The use of this form for communication does not establish an attorney-client relationship.

        Completing this form opts you in to receive select communications from Friedman & Ranzenhofer.

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        Mr. Ranzenhofer and his attorneys were great! My case was handled quickly and I got a great result – $300,000. I fell at my doctor’s office, so I knew it was a hard case. Mr. Ranzenhofer developed a strategy that got me a great result. I highly recommend Mr. Ranzenhofer and his team of attorneys.

        – Christine Rush

        Reasonable / Professional / Personable … Very nice man to speak to … He helped me feel safe and took away my fear in my legal situation. If or when needed he is ready to jump in and take over. Thank you, Carol

        – Carol Czosnyka

        We were treated in a respectful, professional and helpful manner while preparing our wills, healthcare proxies and power of attorney. Mr. Friedman took as much time as we needed to answer all of our questions and concerns. His staff was friendly and efficient. We highly recommend him.

        – John

        Highly recommended…Sam handled a case for me with a buffalo tow truck Company, we won our case and a judgment. Sam was highly professional knowledgeable and effective. He knows the local laws and how to get successful outcomes!

        – Mark

        I consulted with Justin Friedman in an effort to obtain reimbursement following damage to my personal property. Justin was diligent, tenacious, professional, and clearly dedicated to assisting me, all of which led to a very positive outcome. I was very impressed with his work and I highly recommend his office.

        – Lisa Kilanowski

        NY Victims of gun violence can be compensated by:

        1. Suing the manufacturer of the weapon used in the crime.  An Overview of Lawsuits Against the Gun Industry
        2. Suing the owner, tenant or property manager of the property where the crime occurred.
        3. Filing a claim with the NY Office of Victim Services.
        4. Suing the person who injured you with the gun.
        5. Suing the security guard company employed by the owner or tenant of the property where the crime occurred.
        6. Suing the employer of the person who injured your with a gun.

        Property owners (“PO”) have a common-law duty to protect those who are lawfully on their premises (tenants and their guests)from foreseeable criminal acts committed by third parties.  PO must only take minimal security measures from these reasonably foreseeable criminal acts. The scope of a PO’s duty of reasonable care to maintain its premises in a safe condition for lawful guests arises from past criminal experiences and the likelihood of the criminal conduct endangering a visitor’s safety. Foreseeability and notice are the two crucial elements in determining landowner negligence in safely maintaining its premises. The Courts examine factors such as: (1) previous criminal conduct; (2) similarity to the occurrence at issue, and; (3) the proximity of previous crimes to the owner’s premises. 

        NY Landlords’ Liability for Crime & Terrorism

        Landlords have the duty to protect tenants and visitors from the misconduct of other tenants and outsiders. Failure to execute that duty, including negligent exercise of duties can expose them to great liability. Landlords can be liable as the result of breaching the duty to prevent foreseeable risks by failing to implement security measures.Landlords and property managers are usually not liable for harm that occurs in areas under the exclusive control of tenants. But landlords have a duty to exercise reasonable care in maintaining common areas, e.g. lobbies, stairwells and ventilation systems. In addition to harm that occurs on their premises, landlords are also liable for harm off the premises resulting from conditions or activities on the premises.For example, the World Trade Center disaster caused neighboring buildings to collapse and be exposed to asbestos contamination.Terrorists could target HVAC systems in large buildings to disperse chemical or biological agents. Without carbon and HEPA filters, external air intake systems are very vulnerable to attack from contaminants such as toxic gas (e.g. hydrogen cyanide or chlorine) or aerosolized toxins (e.g. ricin or anthrax). Landlords must exercise reasonable care under the circumstances in maintaining their property in a sage condition.Landlords should take fire safety precautions and provide security depending on the use of the premises and foreseeability of particular risks. The World Trade Center 1993 plaintiffs argued that the Port Authority breached its duty to prevent foreseeable risks by failing to implement security measures, i.e. restricting access to the parking garage which could have prevented the bombing. Factors to determine due care are failure to abide by past practices and policies and industry standards: e.g. every other downtown office building restricted access to parking garages.Landlords should update their policies and procedures to include:

        1. guidance on the signs of terrorism;
        2. comprehensive policies to safeguard residents and facilities;
        3. contingency plans for disaster response;
        4. emergency training of staff;
        5. crime prevention and resident safety awareness programs; and
        6. anti-terrorism insurance coverage.

        Property owners (“PO”) have a common-law duty to protect those who are lawfully on their premises (tenants and their guests)from foreseeable criminal acts committed by third parties.  PO must only take minimal security measures from these reasonably foreseeable criminal acts. The scope of a PO’s duty of reasonable care to maintain its premises in a safe condition for lawful guests arises from past criminal experiences and the likelihood of the criminal conduct endangering a visitor’s safety. Foreseeability and notice are the two crucial elements in determining landowner negligence in safely maintaining its premises. The Courts examine factors such as: (1) previous criminal conduct; (2) similarity to the occurrence at issue, and; (3) the proximity of previous crimes to the owner’s premises. 

        NY Crime Victims’ Compensation

        Landlords have the duty to protect tenants and visitors from the misconduct of other tenants and outsiders. Failure to execute that duty, including negligent exercise of duties can expose them to great liability. Landlords can be liable as the result of breaching the duty to prevent foreseeable risks by failing to implement security measures.

        Landlords and property managers are usually not liable for harm that occurs in areas under the exclusive control of tenants. But landlords have a duty to exercise reasonable care in maintaining common areas, e.g. lobbies, stairwells and ventilation systems. In addition to harm that occurs on their premises, landlords are also liable for harm off the premises resulting from conditions or activities on the premises.

        For example, the World Trade Center disaster caused neighboring buildings to collapse and be exposed to asbestos contamination.

        Terrorists could target HVAC systems in large buildings to disperse chemical or biological agents. Without carbon and HEPA filters, external air intake systems are very vulnerable to attack from contaminants such as toxic gas (e.g. hydrogen cyanide or chlorine) or aerosolized toxins (e.g. ricin or anthrax). Landlords must exercise reasonable care under the circumstances in maintaining their property in a sage condition.

        The Office of Victim Services provides a safety net for individuals who have no other way to pay for costs – including but not limited to medical bills, counseling expenses, burial and funeral costs, and lost wages – resulting from being victims of crime. Family members of crime victims also may be eligible for help.

        The agency is a payer of last resort, which means a victim or survivor of a crime or family member must exhaust all other sources of compensation before OVS can assist. For example, benefits must first be obtained from health or other insurance policies or workers’ compensation before the agency can provide financial assistance.

        You can learn more about eligibility requirements by:

        • Visiting OVS Resource Connect, an online concern-based search engine to help you find a victim assistance program near you. Victim advocates can help ensure OVS has all the paperwork necessary to determine if you are eligible for assistance. These programs also can provide direct services, such as counseling, emergency shelter in certain cases, and transportation to court.
        • Reviewing this Online Claim Application Guide, which outlines everything you need to know about filing a victim compensation claim.

        A Guide to Crime Victims’ Compensation in New York State also provides important information about eligibility. You also may view/print a PDF of the Claim Application for reference. The Office of Victim Service accepts claim applications online through its Victim Service Portal. Before filing an online claim:

        Compensation Overview

        Who may be eligible?

        • Individuals must be victims of a crime in New York State
        • Victims of crime who were physically injured as a result of the crime 
        • Victims of crime who were not physically injured but are under 18, older than 60, or disabled 
        • Vulnerable elderly, incompetent or physically disabled persons – defined as those who are unable to care for themselves – who have savings stolen
        • Certain relatives and dependents, including spouse, domestic partner, grandparent, parent, stepparent, guardian, brother, sister, stepbrother, stepsister, child, stepchild or grandchild of a victim of crime
        • Those who paid for or incurred burial costs for a victim of crime 
        • Children who are victims or  witnessed a crime 
        • Certain victims of unlawful imprisonment or kidnapping 
        • Certain stalking victims  
        • Victims of certain menacing, criminal mischief, robbery, harassment, criminal contempt, unlawful surveillance, dissemination of unlawful surveillance and hate crime charges
        • New York State residents who are victims of terrorist acts outside of the United States 
        • Victims of frivolous lawsuits brought by a person who committed a crime against the victim of crime

        Compensation includes:

        • Expenses for medical or other related services that are not covered by other insurance or benefit programs
        • Lost earnings or loss of support up to $600 a week, not to exceed the maximum of $30,000
        • Lost savings of vulnerable elderly, or incompetent, or physically disabled persons, not to exceed the maximum of $30,000
        • Burial expenses up to $6,000 (for crimes committed on or after Nov. 1, 1996)
        • Occupational rehabilitation expenses
        • Counseling services to the victim of crime and to certain family members, in accordance with the OVS fee schedule, which is based on reasonable fee rates, depending on the credentials of the treating counselor
        • The cost of repair or replacement of essential personal property lost, damaged or destroyed as the direct result of a crime, up to $500. A maximum of $100 in cash can be replaced
        • Transportation expenses for necessary court appearances in connection with the prosecution of the crime or transportation for medical appointments necessary as a result of the crime
        • Employment-related transportation expenses, due to a victim’s personal physical injury as the result of a crime, up to $2,500
        • The cost of residing at or utilizing the services of a domestic violence shelter
        • Crime scene cleanup expenses and/or cost of securing a crime scene, up to $2,500
        • Attorney fees – up to a maximum of $1,000 – for representation before the agency and/or before an appellate court, upon judicial review of the victim’s OVS claim

        If you or a loved one were injured from a criminal act and have questions, call Buffalo Personal Injury Lawyers Friedman & Ranzenhofer, PC at 716-543-3764 now for a free case evaluation.

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