I Was Physically Assaulted: Can I Sue My Attacker?
Everyone has the right to live their lives without fear of physical harm. Unfortunately, assaults regularly occur. An estimated three out of four people will be victims of completed or attempted assault throughout their lifetime. Assaults can leave people suffering from physical, emotional, and financial damages.
Victims of physical assault may wonder if they can sue their attacker for losses associated with the attack. Personal injury attorneys at Zucker & Regev, P.C. in Brooklyn, NY, work with assault victims to pursue compensation for damages. We encourage assault victims to work with the legal team at our Brooklyn office to determine their best course of legal action.
Can I Sue My Attacker for Damages?
Victims of physical assault can sue their attacker for damages associated with the attack, provided they can establish the grounds of a civil assault or battery case. New York civil law classifies assault as a threat to a person’s safety or well-being. Individuals can sue an attacker for assault if:
- The defendant made a threat or attempted to cause physical harm
- The defendant was able to cause physical harm
- The plaintiff had a reasonable fear for their safety or well-being
Battery is another type of civil claim in New York courts. Assault victims can file a battery claim if:
- The defendant intentionally touched or made physical contact with the plaintiff
- The contact was offensive or harmful
- The contact was non-consensual
Can I Sue if My Attacker Isn’t Charged with a Crime?
Assault and battery are both crimes. Unfortunately, crimes of assault are not always prosecuted. Many assault victims hesitate to sue their attacker for damages associated with physical assault if the attacker is not charged with a crime. Assault victims should know that civil and criminal courts are separate. Someone can be sued in civil court whether or not they are charged criminally. The burden of proof is lower in civil court, making it easier for plaintiffs to collect the compensation they are due for assault damages.
Is Anyone Else Liable for Injury Damages?
While assault victims can sue their attacker for injury damages, it is not always financially beneficial. Many attackers lack the financial resources to provide the compensation the plaintiff is due. Our lawyers investigate all aspects of an assault to determine if any other parties may be partially liable for damages, such as a property owner or landlord who neglects to provide security measures sufficient to deter criminal activity on their property.
Potential Damages in Physical Assault Cases
The physical injuries stemming from an assault are only one type of damage our Brooklyn clients may suffer. Our attorneys work hard to collect maximum compensation that accounts for all aspects of our client's losses, which may include:
- Medical expenses
- Cost of ongoing therapy or rehabilitation
- Lost wages
- Diminished wage-earning capacity
- Pain and suffering
Contact Zucker & Regev, P.C.
Victims of physical assault are likely to suffer costly physical, emotional, and financial losses. The personal injury attorneys at Zucker & Regev, P.C. are prepared to assist assault victims in establishing liability and pursuing just compensation for damages. To discuss the details of your case with our legal team, contact our law firm online at your earliest convenience.
