Can a Victim of Assault or Battery File a Personal Injury Claim?

While many New York personal injury lawsuits are filed because of an incident such as a car accident, a construction accident, a slip-and-fall accident, or trip-and-fall accident there are some cases when the victim may suffer injuries because of deliberate actions by another person. Victims of assault and/or battery may sue the person who injured them and seek compensation for their injuries. Sometimes, the assault victim can sue the owner or manager of the place where the assault occurred.
In New York, assault is defined as one person threatening to hurt or hurting another person. This can include raising a fist in a menacing way, brandishing a weapon, or doing anything creates a sense of fear in a victim. Assault is also when someone attacks a person with a weapon or an item (such as a baseball bat) that could become a weapon. Battery occurs when one person actually hits or beats someone else. But battery is not restricted to hitting. Groping, grabbing, or unwanted touching may also qualify as battery.
Injuries from assault and/or battery cases can range from the minor to moderate to extremely serious. It is important to remember that a victim does not need to be physically injured to file a personal injury lawsuit against their offender. While the offender may be prosecuted criminally, the victims can also file a civil lawsuit against their assailant. Assault and battery victims can seek compensation for damages including, but not limited to, medical bills, lost wages and benefits, pain and suffering, and emotional distress. If you have been attacked or touched inappropriately, you should report the incident to law enforcement right away and then contact a lawyer.
For a personal injury lawsuit to be successful, it must be proven that the assailant did not have a valid excuse to threaten or hit the victim. Common defenses for civil injury lawsuits involving assault or battery can include “consent,” which says the victim agreed to perform an activity where he or she could possibly get injured. An example of this is when a person signs up to participate in a contact sports game.
Other defenses include “privilege,” which people in authority such as police officers often use when they are arresting someone; and “self-defense,” which means the assailant felt he or she had to engage in a physical altercation because he or she was attacked first. Our law firm has recovered $800,000 against the owner of a building in which a victim was attacked and raped, and a $2,500,000 structured settlement was obtained for another client of ours who was raped due to a building owner’s negligence.
If you or a loved has been injured in New York because of assault and/or battery, please call the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit our website: www.work4youlaw.com