A proven record
Our firm has achieved numerous million and multimillion dollar verdicts and settlements. We often take cases that other firms have refused and win.
Assault Injury Attorney NYC
Violent crime rates in New York City have drastically dropped since the 80’s and 90’s when crime hit a peak in the city. Today, NYC boasts one of the lowest crime rates of all major cities in the country. Still, far too many people are the victim of assault and other violent crimes every day.
If someone has hurt you, touched you, or placed you in fear for your life, you may be able to file a claim for damages, regardless of whether the case involves a criminal trial. While a criminal conviction will punish your attacker for their actions, a civil lawsuit can help you recover compensation for your medical expenses and more. At Silberstien, Awad & Miklos, P.C., an experienced assault injury attorney in NYC can help you hold your attacker responsible and maximize your recovery.
Proving an Assault and Battery Case
Assault and battery are two different legal terms, but they are both considered intentional torts. Unlike other personal injury claims, the purpose of an intentional tort is to hold someone accountable for their willful or intentional actions. It is the intent within an assault or battery case that makes these lawsuits different than negligent, or careless, tort actions in New York City.
Civil Assault vs Civil Battery
Civil assault and civil battery are considered two separate torts:
An assault civil claim must show that you were in fear of imminent harm. This type of lawsuit does not require that you prove you actually suffered harm. You must only show:
- Someone threatened you or attempted to harm you physically,
- The person had the capability of inflicting physical harm at the time, and
- Their actions would make a reasonable person fear harm
A civil claim involving battery is slightly different from those involving assault. To prove this type of case, you must show:
- The person touched you or made physical contact intentionally,
- The physical contact was harmful or offensive to you, and
- You did not provide consent for the physical contact to occur
Due to the nature of these offenses, assault and battery cases often go hand in hand. For example, if someone hit you, it is likely that you felt threatened prior to the attack, which would constitute assault. Once the person struck you, it is then likely that you also have a valid battery claim.
Types of Assault Cases
When many people think of assault, they may think of being physically hit or sexually assaulted. These are common types of assault cases we handle, along with:
- Bar and nightclub fights
- Assaults involving a firearm or other weapon
- Domestic disputes
- Criminal assaults
- Muggings and robberies
- Police misconduct
If you have been the victim of any of these acts, it is important to contact an assault injury attorney in NYC today to learn about the damages you deserve.
Liability for Assault
Many people think that their attacker is the only one they can hold liable. While the perpetrator is one of the most liable parties, there are potentially others, as well. These include:
- Property owners: Property owners have a responsibility to ensure their property is safe for anyone that enters onto it. This includes owners of bars, nightclubs, and other property owners. Ensuring the property is safe involves more than simply making repairs and correcting hazardous conditions. It also involves ensuring the property has enough lighting and security to prevent assaults from occurring.
- Landlords: Landlords also have a responsibility to ensure a property is safe. When they fail to maintain the premises or repair broken door knobs, intercom systems, or the lighting in the parking lot, they can be held liable when someone is injured on the property.
- Schools: Unfortunately, fights and attacks are becoming more common on the grounds of schools in the city. When a student has been attacked by another student or person on school property, they may be able to hold the school liable. If the student was a minor at the time, their parents can hold the liable party responsible for paying damages.
Statute of Limitations on Assault Claims
Just like all other tort actions, claims involving assault injuries have a statute of limitations. This is the time limit you have to file your claim. The amount of time you will have depends on the type of claim you are filing.
If you want to file a claim directly against the perpetrator, you have one year from the date of the attack. If you are filing another type of personal injury claim, based on premises liability or another type of negligence, the statute of limitations is three years from the date you sustained injury.
Understanding the amount of time you have to file your claim is critical. If you file once the statute of limitations has expired, you will likely forfeit your right to claim any damages.
How a Lawyer Can Help
Assaults will change the rest of your life. You deserve compensation for your physical injuries as well as your emotional trauma. You are not required to work with an assault injury attorney in NYC, but professional legal advice will greatly benefit your claim. When working on your case, an attorney will:
- Work with law enforcement and obtain a copy of the police report to thoroughly understand the details of your case
- Determine liability for your injuries
- Seek the maximum amount of compensation you deserve from all liable parties
- Reach out to a network of experts to understand the full extent of your injuries to determine the value of your case
- Overcome the challenges a separate criminal proceeding may cause
- Negotiate with liable parties and their insurance companies
- Take your case to trial, if necessary, to secure maximum damages
When choosing an assault injury lawyer in NYC, it is important to choose one who has the experience these cases require.
Get Legal Help Today
You should not have to suffer for the intentional and harmful acts of another person. If you have been the victim of assault, our assault injury attorneys in NYC are here to help. At Silberstein, Awad & Miklos, P.C., we are proud to act as advocates for those hurt by the actions of others, and we will work hard to recover the maximum compensation you deserve. Contact us today to schedule a free consultation with one of our experienced attorneys.