Assault Injury Lawyers in New York, NY

An assault injury lawyer can help you file a claim for personal injuries against the perpetrator of the assault.

What is Assault?

In New York, assault is a criminal offense where, a person causes physical injury to another recklessly, with intent, or with criminal negligence. The victim files a complaint with the police, who then investigates it and submits its evidence to the prosecuting attorney, who then decides whether or not to file a criminal case for assault, given the evidence.

A civil suit for assault, on the other hand, does not require physical contact with the victim, but simply an intentional attempt or threat to injure the victim. The civil case is an intentional tort under common law, filed by the victim against the perpetrator, seeking financial compensation for pain and suffering, medical expenses, lost wages and future earnings, property damage, punitive damages and the like.

Civil Suit for Assault

A civil suit for assault requires the victim to prove the following elements:

An unwarranted attempt or threat to inflict injury on another person

Such attempt or threat was made with intent

Defendant’s perceived capability to cause harm

Causes reasonable apprehension of bodily harm or offensive contact in the victim

The attempt or threat to inflict injury must not have been provoked. The victim must not have instigated the defendant to make the threat.

Such threat must be accompanied by conduct that causes the victim to feel that offensive contact or body harm will ensue. Mere threat of words without further action cannot establish all the elements of assault. Thus, attempts or threats made over the phone, email, or social media apps may not be considered civil assault.

Civil assault can only be made intentionally and not negligently or recklessly. The defendant must have a clear intention to threaten the victim with harm. Courts will evaluate the threat from the point of view of the victim. A threat of injury made to a senior citizen may be considered civil assault, while the same threat of injury made to a grown man may not.

The victim must perceive the defendant to have the ability to cause harm. This perceived ability creates the apprehension on the victim that offensive contact will be made.

In a civil lawsuit for assault, only a preponderance of evidence is required in order to be successful, unlike in criminal case of assault where proof beyond reasonable doubt must be shown. Because of the different standards of proof required between civil and criminal cases, it is possible for criminal case of assault to be dismissed, yet still be successful in a civil clam.

Assault Versus Battery

In New York civil practice, "assault" and "battery" are two related but distinct torts. Assault is the apprehension of an imminent harmful or offensive contact — the moment before the punch lands. Battery is the actual harmful or offensive contact — the punch itself. Most cases involve both. A victim who was threatened with a fist and then struck has been both assaulted and battered. We typically plead both causes of action in a civil suit because they sometimes lead to different categories of damages and have slightly different requirements of proof.

Damages in a Civil Assault Case

A successful civil assault case can recover several categories of damages:

• Past and future medical expenses. Emergency room treatment, hospitalization, surgery, follow-up appointments, physical therapy, mental health treatment, and ongoing care.
• Lost wages. Income lost from missed work, including paid time off used.
• Lost earning capacity. Long-term reduction in the ability to earn, particularly for injuries that prevent return to prior employment.
• Pain and suffering. Both past pain and reasonably expected future pain.
• Mental anguish and emotional distress. Anxiety, depression, post-traumatic stress, and other psychological harm that often follows physical violence.
• Loss of enjoyment of life. Inability to engage in activities the victim previously enjoyed.
• Loss of consortium. Damages payable to a spouse for the impact on the marital relationship.
• Punitive damages. Available where the defendant's conduct was particularly malicious or reckless.

Who Else Can Be Liable Besides the Attacker

Many assault cases involve more than just the individual who threw the punch. Other potentially liable parties include:

• Property owners. Bars, restaurants, clubs, apartment buildings, and other property owners can be liable for assaults that occur on their property when they failed to provide reasonable security. Liability typically depends on whether prior similar incidents made the assault foreseeable.
• Employers. An employer can be vicariously liable for an assault committed by an employee acting within the scope of employment. Examples include bouncers who use excessive force and security guards who assault customers.
• Schools and universities. Liable for failing to protect students from assault on campus, particularly where prior incidents put them on notice.
• Hotels and short-term rental hosts. Liable for failing to provide reasonably safe lodging.
• Public transportation operators. The MTA, bus operators, and taxi/rideshare companies can be liable for assaults that should have been prevented by reasonable security measures.
• Healthcare facilities. Hospitals and nursing homes can be liable for assaults committed by staff or by other patients where supervision was inadequate.

Negligent Hiring, Retention, and Supervision

Where an employer hired someone with a history of violence, retained an employee after warning signs, or failed to supervise an employee who later committed an assault, the employer can be directly liable on theories of negligent hiring, negligent retention, and negligent supervision. These claims often allow recovery against a deeper pocket than the individual attacker, and they can also support punitive damages where the employer's disregard for safety was reckless.

Dram Shop Liability

New York's General Obligations Law Section 11-101 (the "Dram Shop Act") allows third parties injured by intoxicated persons to recover from establishments that unlawfully sold or served alcohol to those persons. In the bar fight context, a dram shop claim adds the bar's commercial general liability insurance as a source of recovery. Establishing a dram shop claim requires showing that the establishment served the customer after they were visibly intoxicated or while they were underage.

Sexual Assault and the Adult Survivors Act

Cases involving sexual assault have additional dimensions. New York's Adult Survivors Act, enacted in 2022 and effective for one year ending November 24, 2023, opened a temporary look-back window for adult survivors of sexual assault to file claims that were previously time-barred. The Child Victims Act provided a similar window for childhood sexual abuse cases. We continue to handle cases filed during these windows that are now moving through the courts. New York's general statute of limitations for sexual assault offenses has also been extended in recent years.

Workplace Assault and Workers' Compensation

When the assault happens at work, the workers' compensation system may be the exclusive remedy against the employer for the immediate injuries. However, claims against the assailant personally, claims against third parties (other than the employer), and certain other claims may proceed outside the workers' comp framework. The interplay between workers' compensation and third-party claims is technical, and we coordinate with workers' comp counsel where both systems are in play.

Domestic Violence and Civil Recovery

Survivors of domestic violence can sue their abusers civilly for assault, battery, and related torts. New York also has specific protective order procedures through Family Court and Criminal Court. Civil recovery can include compensatory and punitive damages, as well as orders for the abuser to pay survivor relocation, security, and counseling expenses. We coordinate with domestic violence advocates and family law counsel when survivors are pursuing multiple paths to safety and recovery.

Parallel Criminal Proceedings

Many civil assault cases run alongside criminal prosecutions. A guilty plea or conviction in the criminal case can be used as evidence of liability in the civil case under the doctrine of collateral estoppel. Acquittal in the criminal case does not bar the civil case, because the standard of proof in civil court is lower. The civil case can sometimes be stayed pending the criminal case to avoid Fifth Amendment problems with the defendant's testimony. We coordinate with district attorneys and victim's services to make sure the civil case proceeds in a way that supports the criminal prosecution.

Statute of Limitations

Civil assault claims in New York generally must be filed within one year of the incident under CPLR 215. The shorter limitations period (compared to the three-year general personal injury period) makes it crucial to consult with an attorney quickly. Battery is also subject to a one-year limitation. Negligence-based claims (such as negligent security against a property owner) carry the standard three-year period. Sexual assault claims may have longer periods, particularly under the Adult Survivors Act and related statutes.

Practical Steps After an Assault

• Seek medical attention immediately, even for injuries that seem minor.
• Report the assault to the police and obtain a copy of the report.
• Photograph all visible injuries within hours and again over the following days as bruising develops.
• Preserve clothing or other items that may carry evidence.
• Identify witnesses and obtain their contact information.
• Avoid posting about the incident on social media; such posts can be used by defense attorneys later.
• Save all communications from the attacker — texts, voicemails, emails, social media messages.
• Begin counseling or therapy if needed, both for emotional recovery and to document the psychological harm for the case.
• Call an assault injury lawyer as soon as possible to preserve evidence and meet filing deadlines.

Call Our Office

Filing a case for civil assault requires the expertise of an assault injury lawyer to ensure that the facts of your case establish all the elements of civil assault. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].