Anytime 24/7—Hablamos Español

212.739.7278

No Fees Unless We Get You Compensation

Can You Sue Someone for Assault in New York?

If you were assaulted in New York, you might be wondering if you can take legal action against your attacker. The good news is you can file a civil lawsuit, even if the person isn’t convicted in a criminal case.

 

Our experienced New York personal injury lawyers explain what this could mean for you below.

Can You Sue Someone for Assault in New York?

Yes. In New York, you have the legal grounds to file a civil lawsuit for assault if you can prove the following:

 

  1. Intentional Act: The defendant acted intentionally, knowing their actions could cause harm or make you afraid of being harmed.
  2. Fear of Harm: You reasonably believed you were in immediate danger of being hurt.
  3. Damages: You suffered actual harm, whether it’s physical injuries, emotional distress, or financial losses.

 

New York law gives you one year from the date of the incident to file an assault lawsuit under the Civil Practice Law and Rules (CPLR).

Frequently Asked Questions

Can You File a Lawsuit If You Were Assaulted During a Protest or Public Demonstration?

Yes, you can still file a civil lawsuit for assault, even if it happened during a protest or public demonstration. Larger events can’t shield the person who assaulted you from being held responsible.

Can You Sue for Assault if the Perpetrator Was Under the Influence of Drugs or Alcohol?
How Does a Restraining Order Affect New York Civil Assault Cases?
Is a Business Liable if I’m Assaulted on Their Premises?

What Is the Difference Between Civil and Criminal Cases?

If you’re dealing with assault, you have two legal options: pressing criminal charges or filing a civil lawsuit. The purpose of both is to hold the person responsible, but they have different goals and outcomes:

Criminal Cases

  • The state handles them to punish the offender, who can face fines, probation, or jail time.
  • The burden of proof, or evidence, must prove guilt “beyond a reasonable doubt,” which is typically a tough standard to meet.
  • If convicted, the court may order the offender to pay for some of your losses, including medical bills or lost wages.

Civil Cases

  • Initiated by the victim to get compensation for their damages.
  • The burden of proof is lower, which means you only need to show it’s “more likely than not” that the offender is responsible.
  • You can seek compensation for a wider range of damages, like pain and suffering, emotional distress, or loss of enjoyment of life.
  • A civil lawsuit can proceed even if the criminal case doesn’t lead to a conviction.

Key Takeaways

You have the right to pursue criminal charges and/or file a civil lawsuit against the alleged assailant.

A restraining order can support your legal action by demonstrating that a court has acknowledged the defendant as a potential threat.

In certain situations, a business or employer may share or assume full responsibility for an assault that occurred on their property.

Our Experienced New York Assault Injury Lawyers Are on Your Side

Don’t let your perpetrator or their insurance company off the hook. Field Law Group is here to stand up for your rights and help you get the restitution you deserve.

 

Contact us or call 212-739-7278 today for a FREE consultation to explore your options.

 

About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve.

MILLIONS RECOVERED FOR OUR CLIENTS!

No Fees Unless We Get You Compensation.

Don't Wait Another Minute

Understanding your rights and how you can recover compensation under the law is important. At Field Law Group, there is no downtime. We are here for our clients whenever they need us.

Schedule Your FREE Consultation Today!

This field is for validation purposes and should be left unchanged.

17 State Street, Floor 40
New York, New York 10004

Free Consultation

212.739.7278
Anytime 24/7
Hablamos Español

Quick Links

Home About Us Practice Areas Areas Served Testimonials Contact Blog

This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer | Designed & Developed by PostcardMania