New York City (NYC) Attorneys for Victims Injured in a Fight, Attack, or Assault
Being the victim of assault or other violent crime can leave you with potentially serious injuries that need medical treatment. The stress of the attack, and the potential long-term effects of your injuries, could also require compensation for emotional distress and potential lost work. If you have been assaulted, contact a lawyer who can help right away.
A Flushing personal injury lawyer can help you get the compensation you need for medical bills, lost wages, and pain and suffering from the assailant. The option for a civil injury case is always separate from any potential criminal cases pending against the person who hurt you, and you should always consider seeking damages this way instead of relying on crime victim funds and restitution.
For a free case evaluation, call the NYC personal injury attorneys for victims injured in a fight, attack, or assault at The Carrion Law Firm. Our phone number is (718) 841-0083.
Criminal vs. Civil Cases for Assault Victims in NYC
If you were the victim of assault, an attack, or a fight, you should always report the attack to the police. This can help produce a record that shows 1) that the attack was serious, 2) who was involved, and 3) when the attack happened. This may result in criminal charges being filed against the assailant, but there may be options for you to get financial compensation in a civil case as well.
When someone intentionally injures you, that is a crime. This can justify the police arresting them and the government charging them with a crime, taking them to court, and punishing them for the offense. However, the criminal justice system focuses more on the defendant and making sure they face punishment than helping out the victim.
The criminal justice system tends to have funding used for a victim’s fund and restitution. This allows the victim to receive some level of compensation for their injuries, usually paid through a fund, and then requires the defendant to pay back the money into the fund. However, these funds are often pressed for cash, especially in large cities like New York City.
Instead of relying on the government and the criminal justice system to pay for your injuries, consider filing a private lawsuit with the help of a Brooklyn personal injury attorney for victims injured in a fight, attack, or assault. In a civil lawsuit, you can claim financial compensation from the defendant to pay for a wide range of damages beyond just the medical bills you faced. This could include compensation for missed work as well as damages for pain and suffering. This case is separate from any criminal charges and has to be filed separately by your lawyer.
Suing the Assailant in an Injury Case in NYC
When you file a lawsuit for an attack, you usually have to pick some specific “tort” to sue for. A tort is like the civil version of a crime and includes two of the most common options that people sue for: assault and battery.
The tort of assault covers the imminent threat of bodily injury. As a crime, the name “assault” usually refers to the attack itself, but the definition for the tort is a bit different. When suing someone for assault in New York, you have to prove that they intentionally put you in fear of imminent bodily injury. This means that verbal threats of violence usually do not count because they are not “imminent.” The typical example of assault is when someone pulls back their fist to punch you or points a gun at you.
The tort of battery covers the actual physical contact. When suing for battery in New York, you have to prove that the defendant intentionally made physical contact with you in a way that was harmful or offensive, and that it resulted in injuries. Something like a punch or kick is clearly battery, but so is choking someone or throwing something at them.
Other Intentional Torts
There may also be other torts that you can sue someone for during an attack or assault. For example, if the person restrained you and kept you in a location, that could constitute false imprisonment. Taking something from you during the attack, such as in a mugging or robbery, could constitute the tort of conversion (the civil version of theft). Speak with a Staten Island personal injury lawyer for assault victims for help determining exactly what you can sue for and what you need to prove to win your case.
Suing for a Fight in NYC
Suing someone for physically attacking you is one thing, but suing for a fight that you willingly entered can be more complicated. In many fights, both sides are somewhat to blame for the injuries, but that is not always the case.
Fights that come out of escalated incidents (e.g., talking to someone’s girlfriend or bumping into someone) usually have a lot more in common with an attack: one side is the aggressor, and the other side was just defending themselves. In these cases, the victim is usually blameless, and they can sue the aggressor.
In any fight that involves self-defense, you have to show that your defense was reasonable and that the force you used was proportional to the force being used against you. You also cannot claim self-defense if you were the initial aggressor, except under limited circumstances. Talk to a Queens personal injury lawyer for help determining if your case supports a self-defense claim.
In cases where both parties willingly entered a mutual fight and one party was injured, there may be no legal claim to make. One defense to assault and battery is that the victim consented to being hit. This often prevents lawsuits, but a Corona, Queens personal injury lawyer should review your case to double-check whether you have a claim based on the specific facts of your case.
Call Our NYC Assault Victim Lawyers for Help
If you were injured in an assault or other violent incident, call The Carrion Law Firm’s NYC attorneys for victims injured in a fight, attack, or assault. Our number is (718) 841-0083, and our attorneys can review your case for free.