Filing a Civil Lawsuit After Being the Victim of a Violent Crime in New York

 Posted on April 22, 2021 in Personal Injury

In March 2021, there were over 1600 instances of felony assault and 34 murders in New York City alone. The New York criminal justice system is responsible for holding perpetrators of violence accountable for their horrific actions. While a criminal conviction may result in punitive consequences including imprisonment, criminal penalties do not directly address the harm suffered by the victim or the victim’s surviving family members. A personal injury lawsuit or wrongful death lawsuit may allow for the recovery of damages as well as accountability through the civil legal system.

Filing a Claim Against the Perpetrator of Violence

Per New York law, a personal injury or wrongful death claim may be filed when:

• An injury or death is caused by negligence or wrongdoing and

• Damages resulted from the injury or death

If you were the victim of an assault, robbery, rape, or another violent act, you may be able to bring a personal injury lawsuit directly against the person who perpetrated the violent act. You may be able to recover compensation for your medical expenses including hospital care and psychological counseling, lost wages from missed work, and harm caused to your earning capacity. You may also recover compensation for the non-financial harm caused by the attack including your physical pain, emotional distress, scarring or disfigurement, and loss of enjoyment of life.

If your loved one was the victim of homicide, you may bring a wrongful death lawsuit against the person who killed your loved one. You may be entitled to compensation for funeral and medical expenses, the victim’s lost wages, lost inheritance, the value of lost services provided by the victim, and more. Civil claims including personal injury and wrongful death lawsuits are subject to a lower standard of proof than criminal cases. This means that you may bring a successful civil claim against a perpetrator even if he or she avoids criminal culpability.

Filing a Claim Against a Negligent Property Owner for Lack of Security

Another option that may be available to you is filing a premises liability claim against the owner of the property on which you or your loved one were attacked. If the owner of a restaurant, bar, nightclub, retail store, apartment complex, or another property acted negligently and this negligence led to the attack, the property owner may be liable. These types of claims are typically founded on an allegation of insufficient security. For example, the owner of a mall may be liable for a violent robbery in the parking lot if the owner failed to install adequate lighting or security cameras in the parking lot.

Contact a Metro New York Personal Injury Lawyer

The experienced team of New York personal injury attorneys at Ivey, Barnum & O’Mara, LLC believe that victims of violence deserve justice. To discuss your legal options following an assault, robbery, homicide, or other intentional act of violence, call 203-661-6000. Set up your free consultation today.

Source:

https://www1.nyc.gov/site/nypd/news/p0406d/nypd-citywide-crime-statistics-march-2021