Assault and Battery Injury Litigation

Civil Assault 

Assault and battery are categorized as "intentional torts," signifying that you've suffered harm due to someone else's deliberate actions. In essence, your injury resulted from another person's purposeful and willful behavior.

In New York, civil cases distinguish between assault and battery:

Assault refers to the reasonable apprehension of imminent harm. In other words, someone's actions have made you fear for your safety or well-being at that specific moment. To establish assault, you must demonstrate:

• The defendant issued a threat or attempted to inflict physical harm.
• The defendant had the capability to cause physical injury at that time.
• As a result, you had a reasonable fear of harm.

Importantly, assault does not necessitate physical contact; it centers on the fear of imminent harm.

Civil Battery 

Battery essentially constitutes a successful assault. To prove battery, you must show:

• The defendant intentionally touched or made contact with you in some manner.
• This contact was offensive or harmful to you.
• The contact occurred without your consent.

Battery, as evident, requires physical contact that is non-consensual and harmful or offensive to you in some way. Legitimate civil battery cases often accompany assault claims.

Assault and Battery Liability in New York City

Under New York state law, you have the potential to pursue damages against anyone contributing to your injuries. Our team conducts a thorough investigation into the circumstances surrounding your attack, aiming to identify all responsible parties. 

Our NYC assault lawyers are dedicated to uncovering the truth behind your assault and determining who can be held responsible.

Damages Available to Victims of Assault and Battery in NYC

Hold your assailant and those who allowed the assault to occur accountable by contacting Mark David Shirian P.C. Our personal injury attorneys will vigorously pursue all available compensatory damages, which may encompass:

• Medical expenses
• Rehabilitation costs
• Nursing care expenses
• Lost wages and income
• Disability-related expenses
• Compensation for pain and suffering
• Mental anguish
• Loss of enjoyment of life

In cases of particularly violent or malicious assaults, punitive damages may also be awarded.

Statute of limitation of a Civil Assault Lawsuit in New York City

You have a limited window of opportunity to assert your rights and seek compensation after an assault in NYC. The statute of limitations depends on the type of action you intend to file:

• If you decide to file an assault injury lawsuit directly against your attacker, you have one year from the date of the incident to do so.
• If you opt to file a personal injury lawsuit based on negligent security or other negligent conduct, you have three years from the date of the assault.

Hence, you have one year to sue your attacker and three years to sue the property owner if you were injured on their premises. It is crucial to adhere to these timelines, as failure to file within the specified period may bar you from recovering compensation.