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An assault can leave you battling injuries and emotional trauma that could make your everyday life much more difficult. Most people who are victims of assault focus on filing criminal charges against the perpetrator, but not all of them realize they also have the right to file a lawsuit. 

If you’ve been assaulted, you can bring both civil and criminal actions against the person. But what does that mean, exactly? Here’s a closer look at the process.  

Suing After an Assault in New York 

You have the right to sue your attacker by filing a civil action if you can demonstrate that the defendant acted deliberately and in a way that caused you to fear imminent harm. You will have to prove a few key elements, beginning with showing that the defendant knew their conduct would be harmful.  

You then have to demonstrate that the assault resulted in actual harm, be it physical or emotional, and led to losses. If the person caused you bodily damage in the assault, you could file lawsuits for assault and battery.  

Assault deals with the threat of harm, but battery holds the other person responsible for actual physical contact. An example would be if someone threatens to punch you and then does so. That’s both assault and battery.  

Crucially, you only have one year from the moment of the assault to file a claim against the defendant. This requires a very different process than filing criminal charges, so you shouldn’t wait.  

Can You File a Civil Suit if the Attacker Isn’t Criminally Charged? 

You have the right to file a civil lawsuit even if the perpetrator doesn’t get criminally charged. In fact, it’s often the only option people have because assault isn’t always prosecuted.  

Civil and criminal courts are separate entities, and the procedures involved are very different as well. Civil actions have a lower burden of proof, so it may be easier to get compensation for assault damages than a criminal conviction.  

Potential Damages After an Assault 

You can receive both economic and non-economic damages if you file a civil lawsuit in New York after an assault. Economic damages compensate you for the financial losses you’ve sustained. That could mean:  

• Medical expenses like hospital bills and rehabilitation costs 
• Adjustments you need to make to accommodate a disability 
• Lost wages if the injuries you sustained led you to miss work 
• Loss of future earning potential if the injuries prevent you from working again 

Being assaulted may leave you with emotional scars in addition to these financial ones. Non-economic damages strive to compensate you for those. You can claim pain and suffering along with loss of enjoyment of life.  

How a Lawyer Can Help 

After an assault, you need to hire a lawyer to help you with your civil lawsuit. An assault injuries attorney will make the process of filing a claim easier. At Silberstein, Awad & Miklos, P.C., we will start gathering the evidence that can prove the assault occurred and that you deserve compensation for it.  

Something to remember is that the person who assaulted you may not be the only one who can be held responsible. For example, suppose that the incident occurred in a parking lot that didn’t have an appropriate level of lighting, making it easier for someone to attack you. In that case, you may be able to hold the parking lot owner liable, too.  

Our lawyers will work tirelessly to ensure that we hold the right parties accountable so that you can get the best possible compensation for your situation. But that’s not all we can do for you.  

In these cases, negotiations can get very complicated very quickly. You should never attempt the process on your own because you could be risking significant compensation. We will aggressively fight to get you the assistance you deserve after what you’ve suffered.  

If the other party refuses to cooperate and a settlement isn’t possible, the next step in the process is to go to court. The litigation process is highly complex, and it’s extremely likely that the defendant will have a lawyer representing them. It’s never a good idea to show up in court without legal assistance.  

Get Help After a New York Assault 

After an assault, you need to consider all of your options for holding the perpetrators liable. Don’t just focus on criminal charges — go for civil ones, too. At Silberstein, Awad & Miklos, P.C., we offer the legal guidance you can depend on. Contact us to speak with one of our experienced attorneys.