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?
- Intentional Act: The defendant acted intentionally, knowing their actions could cause harm or make you afraid of being harmed.
- Fear of Harm: You reasonably believed you were in immediate danger of being hurt.
- 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).
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.
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?
Absolutely. Being intoxicated doesn’t excuse the defendant from liability. What matters is if they intentionally caused you to fear harm, regardless of their state of sobriety.
How Does a Restraining Order Affect New York Civil Assault Cases?
A restraining order can strengthen your case by showing that a court has already recognized the defendant as a threat. If the person violates the restraining order, it can serve as additional evidence of their intent to cause harm and might lead to higher damages.
Is a Business Liable if I’m Assaulted on Their Premises?
In some cases, you may be able to hold a business or employer partly or fully responsible for an assault on their property; this could be due to negligent security or failure to provide adequate protection. They could share liability with your assaulter if they ignored the risks or didn't take the proper safety measures.
Can You Sue Someone for Assault in New York?
- Intentional Act: The defendant acted intentionally, knowing their actions could cause harm or make you afraid of being harmed.
- Fear of Harm: You reasonably believed you were in immediate danger of being hurt.
- 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).
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.
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?
Absolutely. Being intoxicated doesn’t excuse the defendant from liability. What matters is if they intentionally caused you to fear harm, regardless of their state of sobriety.
How Does a Restraining Order Affect New York Civil Assault Cases?
A restraining order can strengthen your case by showing that a court has already recognized the defendant as a threat. If the person violates the restraining order, it can serve as additional evidence of their intent to cause harm and might lead to higher damages.
Is a Business Liable if I’m Assaulted on Their Premises?
In some cases, you may be able to hold a business or employer partly or fully responsible for an assault on their property; this could be due to negligent security or failure to provide adequate protection. They could share liability with your assaulter if they ignored the risks or didn't take the proper safety measures.
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.
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.
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
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Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania