Assault Injury Lawyer New York

Being physically attacked by another person is a criminal matter, but it can also give rise to a separate civil claim for the injuries that resulted. New York allows a person injured in an assault to pursue a civil action against the individual who caused the harm, and in some situations, against a property owner or business whose inadequate security contributed to the attack. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997, and Mr. Sris and the firm’s Of Counsel attorneys bring that prosecution-side background to the evaluation of assault-related civil claims, including cases where a criminal case against the attacker is pending, resolved, or was never pursued. A civil claim proceeds independently of any criminal case and follows its own deadlines and evidentiary requirements. If you were injured in an assault in New York, call Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation.

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What an Assault Injury Claim Means in New York

A civil claim for assault and battery against the person who caused the injury is treated as an intentional tort in New York, and N.Y. C.P.L.R. § 215(3) sets a one-year period within which that claim must generally be commenced. This is considerably shorter than the three-year period that applies to most negligence-based personal injury claims, so identifying the correct legal theory early matters.

A separate claim can sometimes be brought against a property owner, landlord, or business under a negligent security theory, alleging that inadequate lighting, broken locks, absent security staff, or a similar failure to address a known risk contributed to the attack occurring. Because this type of claim is framed as negligence against the property owner rather than as an intentional tort by the attacker, it is generally treated as an ordinary personal injury action subject to the three-year period under N.Y. C.P.L.R. § 214(5), and it can proceed even when the attacker cannot be identified, located, or held financially responsible.

Comparative fault under N.Y. C.P.L.R. § 1411(a) can apply to a negligent security claim against a property owner in the same manner it applies to other non-vehicle personal injury claims, reducing recovery in proportion to any fault attributable to the injured person. How comparative fault principles interact with an intentional-tort claim against the attacker personally depends heavily on the specific facts and is not addressed by a single uniform rule.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Assault Injury Cases

Mr. Sris and the firm’s Of Counsel attorneys begin by determining whether a viable claim exists against the attacker, a property owner, or both, since these claims involve different legal theories, different insurance considerations, and different filing deadlines. Where a criminal case is pending or has concluded, the firm reviews how that proceeding may affect the civil claim, including what evidence from the criminal matter may be relevant.

Because negligent security claims often depend on showing that an owner knew or should have known about a risk of criminal activity on the property, Mr. Sris and the firm’s Of Counsel attorneys work to gather evidence such as prior incident reports, security camera footage where available, lighting and maintenance records, and information about the property’s security measures at the time of the attack.

Medical documentation of the injuries sustained, along with records of any related psychological treatment, supports the damages portion of the claim. Mr. Sris and the firm’s Of Counsel attorneys communicate with insurance carriers and opposing counsel on a client’s behalf and prepare each case for litigation where a fair resolution cannot be reached through negotiation. The firm does not guarantee a particular outcome, and the strength of any claim depends on the specific facts and evidence available.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His prosecution-side background informs how the firm approaches cases involving criminal conduct that also gives rise to a civil claim, and his study of accounting and information systems at George Mason University has been applied to complex financial and technology-related matters.

Attorneys who work with Mr. Sris contract directly with the firm as Of Counsel and are referred to collectively as Mr. Sris and the firm’s Of Counsel attorneys. They handle personal injury matters, including assault-related civil claims, across the jurisdictions where the firm is authorized to practice. The firm maintains 24/7 phone intake so an injured person can reach the firm at any hour, with substantive case discussions handled by appointment.

In an assault injury matter, the approach centers on identifying every available avenue of civil recovery and documenting the injury and the circumstances of the attack thoroughly. Mr. Sris and the firm’s Of Counsel attorneys evaluate each case on its own facts rather than offering predictions about how a particular claim will resolve.

Frequently Asked Questions

Can I file a civil claim even if the person who attacked me was never criminally charged?

Yes. A civil claim for assault and battery is separate from the criminal justice system and does not require a criminal charge or conviction. The civil claim has its own evidentiary standard and its own filing deadline, and it can proceed regardless of whether criminal charges were filed, are pending, or resulted in an acquittal.

How long do I have to sue the person who assaulted me?

A civil claim for assault and battery against the individual responsible must generally be commenced within one year under N.Y. C.P.L.R. § 215(3). This is shorter than many other personal injury deadlines, so prompt attention to a potential claim is important.

Can I sue a landlord or business if I was attacked on their property?

In some circumstances, yes, under a negligent security theory if the owner knew or should have known about a risk of criminal activity and failed to take reasonable precautions. This type of claim is treated as negligence against the property owner and is generally subject to the three-year period under N.Y. C.P.L.R. § 214(5), separate from any claim against the attacker.

What if the person who attacked me has no money or insurance to pay a judgment?

This is a real practical concern in many assault cases, which is one reason a negligent security claim against a property owner or business, where the facts support one, can be significant, since commercial and property insurance may be available even when the attacker has no assets. Each situation depends on the specific facts.

What does it cost to have my assault injury case evaluated?

Fee arrangements depend on the nature of the claim and the terms discussed with the firm. Mr. Sris and the firm’s Of Counsel attorneys discuss those terms directly with a prospective client rather than quoting a general figure that may not apply to a particular case.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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An assault injury claim is one part of wrongful death & other claims work, and our page on wrongful death lawyer New York covers the wider process.