Assault Injury Lawyer New York, NY
You were walking to the subway in Midtown when a stranger suddenly punched you. The attack left you with a concussion and a broken nose. Now, medical bills are arriving, and the police have arrested the assailant, but you’re still facing lost wages and ongoing pain. An assault injury lawyer can help you seek compensation from the responsible party, even if criminal charges are pending. At Law Offices Of SRIS, P.C., our New York personal injury attorneys represent assault victims throughout the state. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How Our Firm Handles Assault Injury Claims in New York
Every assault injury case begins with a thorough investigation. We work to identify all liable parties—the individual attacker and, in some circumstances, a property owner or business whose inadequate security contributed to the incident. Our attorneys gather police reports, surveillance footage, witness statements, and medical records to build a complete picture of what happened and the harm you suffered. We also review any applicable insurance policies, such as the attacker’s homeowners or renters insurance, to identify potential sources of recovery.
After we understand the full scope of your damages—including emergency treatment, ongoing therapy, lost income, and pain and suffering—we pursue a demand for compensation. If a fair settlement cannot be reached, we are prepared to file a lawsuit and advocate for you in court. Throughout the process, we keep you informed and handle the legal complexities so you can focus on healing.
What to Expect in an Assault Injury Case
An assault injury claim is a civil matter, separate from any criminal prosecution. The burden of proof is lower than in a criminal case—you need to show it is more likely than not that the defendant caused your injuries. Typically, a claim begins with a notice letter to the defendant and any insurance carrier. Negotiations may follow. If a settlement is reached, the case resolves without trial. If not, a lawsuit is filed in the appropriate New York court, such as the Supreme Court in the county where the assault occurred. Discovery, motions, and possibly a trial will follow. Because every case is different, the timeline depends on the specific facts and the court’s schedule.
Compensation for Assault Injuries in New York
Victims of intentional assaults can recover compensatory damages: medical expenses, physical therapy, lost wages, and pain and suffering. In rare cases, punitive damages may be available if the attacker’s conduct was especially egregious. New York follows a pure comparative fault rule, but in intentional torts like assault, the victim’s own negligence generally does not reduce recovery. However, insurance coverage limits often affect what is collectible. Our firm works with you to document every loss and pursue the maximum compensation available under the law.
Experienced Assault Injury Representation in New York
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with insight into how criminal defendants and their insurers approach civil claims. He is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Together with the firm’s Of Counsel attorneys, Mr. Sris brings extensive combined legal experience to assault injury matters. Results may vary.
The firm’s Of Counsel attorneys are seasoned litigators who concentrate on personal injury law. They work collaboratively with Mr. Sris on investigation, strategy, and trial preparation. Our team is committed to representing victims with care and determination, drawing on a thorough understanding of New York’s civil justice system.
Frequently Asked Questions About Assault Injury Claims in New York
What is an assault injury claim?
An assault injury claim is a civil lawsuit seeking money damages for harm caused by an intentional act of violence. Unlike a criminal case, which punishes the offender, a civil claim focuses on compensating the victim for medical bills, lost income, and pain and suffering. You may file a claim even if the attacker is never convicted or charged. Contact our firm to discuss whether you have a viable case.
Do I need a lawyer after being assaulted in New York?
You are not required to hire a lawyer, but navigating an assault injury claim on your own can be challenging. An experienced attorney can investigate the incident, identify insurance coverage, and negotiate with insurers. Without legal guidance, you risk accepting an inadequate settlement or missing an important deadline. Call (888) 437-7747 to speak with a member of our team about your situation.
How long do I have to file an assault injury lawsuit in New York?
In New York, a claim for assault and battery must be filed within one year from the date of the incident (N.Y. C.P.L.R. § 215(3)). Missing this deadline can permanently bar your right to recover. It is critical to consult an attorney promptly so evidence can be preserved and your claim can be filed within the applicable statutory period.
Can I sue if the attacker wasn’t criminally charged?
Yes. A civil assault injury claim is independent of any criminal prosecution. Even if the police do not make an arrest, or the prosecutor declines to file charges, you may still seek compensation through a civil lawsuit. The standard of proof is lower—you need only show it is more likely than not that the defendant caused your injuries.
What if I was partially at fault for the altercation?
In an intentional tort such as assault, your own actions typically do not reduce your damages under New York’s pure comparative fault rule. That rule mostly applies to negligence cases. An experienced attorney can evaluate your specific circumstances to determine whether any comparative fault defense could affect your recovery. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
How much is my assault injury case worth?
Every case is unique. The value depends on the severity of your injuries, the amount of your medical bills, lost wages, and the impact on your life. Insurance policy limits also play a key role. Our firm can evaluate your case and provide a realistic assessment. There are no guarantees; Results may vary.
Will the attacker’s insurance cover my damages?
It depends on the attacker’s insurance policies. Homeowners or renters insurance may cover some assault claims if the incident arose from negligence, but most policies exclude intentional acts. Umbrella policies or other coverage might apply. Even if insurance is not available, we can explore recovering directly from the attacker’s assets. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your options.
How do I find the right assault injury lawyer in New York?
Look for an attorney with experience handling intentional tort claims, not just general personal injury. You want someone who understands the interplay between criminal proceedings and civil recovery. Our firm’s track record includes representing assault victims across New York. Schedule a consultation today at (888) 437-7747.
For a more detailed statutory breakdown of personal injury law in New York, visit our comprehensive guide at srislawyer.com.
Related areas we serve:
- New York County (Manhattan) Personal Injury Lawyer
- Kings County (Brooklyn) Personal Injury Lawyer
- Queens County (Queens) Personal Injury Lawyer
Contact Law Offices Of SRIS, P.C. to schedule a consultation at our New York location, by appointment only. Call (888) 437-7747. Our firm represents clients throughout New York, including all five boroughs, Long Island, and upstate counties.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.