Queens Lawyer for Victims of Assault
Victims of assault typically suffer physical and emotional injuries that can last long after an attack. Many victims of assault are aware that an attacker can be charged with a crime but might not know that they can recover compensation for their injuries in civil court.
Fortunately, a Queens lawyer for victims of assault can help explain the differences between criminal assault and civil assault and what compensation might be available. It is common for people that are punched or offensively touched to pursue a lawsuit for assault. Technically speaking, this would be a lawsuit for assault and battery, but our attorneys can help you determine which lawsuit to file. In some cases, other parties could also be liable for your assault if their negligent acts allowed the attack to occur.
If you were recently assaulted, our Queens lawyers for victims of assault can help you get the justice you deserve. For a free case review, call The Carrion Law Firm at (718) 841-0083.
How Assault is Defined in Queens, NY
Most people tend to say they have been assaulted when they have been the victim of battery. Civil law recognizes battery and assault as two different torts that a victim can recover compensation for, but both claims can typically be filed together. Battery occurs when a victim has actually been hit or touched. Civil assault, however, is a bit more complex but does not require a victim to be touched. Our Queens lawyers for victims of assault can help you understand the difference between assault and battery and what claims you could be entitled to file.
Queens victims of an assault can file a lawsuit in civil court to recover compensation for their damages from their attacker, even if they were not hit or offensively touched. A victim will need to show several elements to prove that they were assaulted during an incident. Many confuse assault with battery because they believe that a person needs to be physically touched to be assaulted, but that is not the case. A victim can be assaulted even if an attacker never made contact.
To be liable for civil assault, an attacker must intentionally cause apprehension of imminent physical contact, and the victim was put in fear of the imminent physical contact. If these actions caused a reasonable apprehension of injury or offensive contact, a victim’s attacker can be held liable for their conduct. As you can see, the civil definition of assault does not require that a victim be physically touched for an assault to occur.
Battery against a victim is likely to happen where an assault was just committed. This is why many personal injury lawsuits for assault also include a claim for damages for battery. Like assault, a perpetrator of battery can be charged with a crime, but this is not a prerequisite to filing a lawsuit for battery. The main distinction between battery and assault is the element of physical contact. While a victim does not need to be touched to be assaulted, battery only occurs when there has been physical contact.
To prove battery, you must show that your attacker touched you or applied force to your person. You must also prove that the conduct was harmful or offensive and that you did not consent to your attacker touching you. For instance, being punched by another fan at a football game would be battery, but being tackled while playing football probably will not be battery because you consented to playing the game. Our Queens lawyers for victims of assault can help you determine the extent of your assault and whether a claim for battery must also be made in your lawsuit.
Who to Hold Responsible for an Assault in Queens, NY
Multiple parties could be held liable for battery and assault, depending on the circumstances of the case. Many assaults and batteries occur while enjoying an evening out at a club or restaurant. If someone is permitted to assault a victim because of another person’s negligence, they could be held liable for not preventing the assault. This can make determining fault challenging but worth the effort to maximize the compensation you can recover. The following are common parties that could be sued for an assault in Queens:
- Victim’s attacker
- Bar, restaurant, and nightclub owners
- Retail and other business owners
- Schools districts and representatives
If an attacker lacks the financial resources to compensate you for your injuries fully, the difference could be made up if another party bears responsibility. Our Queens lawyers for victims of assault can review your case to help you determine if any other party’s actions contributed to causing your injuries.
Time Limit to File a Lawsuit for Assault in Queens, NY
Unfortunately, victims of assault and battery do not have long to file their lawsuits in Queens. While the statute of limitations to file most personal injury cases is three years, C.V.P. Law § 215(3) provides a victim of assault only one year from the date of the act to file their lawsuit. However, this one-year deadline only applies to suing your attacker. If you intend to sue a third party because their negligence led to your assault, you will still likely have three years to file a lawsuit against the negligent party. Our Queens lawyers for victims of assault can help you get your case started so that you are not denied the vital compensation you are entitled to.
Our Queens, NY Lawyers for Victims of Assault Can Help
If you were injured in an assault, our Queens lawyers for victims of assault can help you hold your attacker accountable. Call The Carrion Law Firm today at (718) 841-0083 for a free case review.