Assault Injury Lawyer Brooklyn

New York law allows a person injured in an assault to pursue compensation through more than one type of legal claim, depending on the circumstances of the incident. A Brooklyn resident hurt by another person’s intentional act may have a direct claim against the individual who committed the assault, while a separate claim may also exist against a property owner, business, or landlord whose inadequate security allegedly allowed the assault to occur. These two paths are governed by different legal standards and, importantly, by different filing deadlines under New York law, making it essential to identify which type of claim applies as early as possible.

The firm represents Brooklyn residents injured in assaults that occurred on residential property, at commercial establishments, in parking facilities, and in other settings throughout Kings County. Because a claim against the person who committed the assault is subject to a much shorter filing deadline than a negligence claim against a property owner, prompt legal review can be critical to preserving a client’s rights. The firm evaluates the circumstances of the incident, the parties potentially involved, and the applicable legal standards before advising a client on how to proceed. Brooklyn residents who have been injured in an assault can request a consultation to discuss their situation by calling (888) 437-7747.

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What Assault Injuries Mean in Brooklyn

Brooklyn includes a wide range of residential buildings, commercial establishments, and public spaces throughout Kings County, and an assault causing physical injury can occur in any of these settings. When a resulting claim cannot be resolved without litigation, it is generally filed in Kings County Supreme Court, part of New York’s Second Judicial District. Understanding what an assault injury claim means in this setting requires recognizing that New York law treats these cases along two distinct tracks, each with its own legal standard and its own filing deadline.

The first track is a direct claim against the person who committed the assault, brought as an intentional tort. Under N.Y. C.P.L.R. § 215(3), a claim for assault and battery must generally be commenced within one year of the act itself, a considerably shorter period than the deadline that applies to most other personal injury claims in New York. The second track is a negligence claim against a property owner, business, or landlord whose failure to provide adequate security allegedly enabled the assault to occur. This type of claim is treated as an ordinary personal injury negligence action, governed by the three-year filing deadline set out in N.Y. C.P.L.R. § 214(5), and subject to New York’s general comparative fault rule under N.Y. C.P.L.R. § 1411(a), which apportions fault among negligent parties without barring recovery outright based on the claimant’s own share of fault. Because these two tracks carry such different deadlines, and because a single incident may give rise to claims under both theories, recognizing which type of claim applies to a given set of facts is one of the most important early steps in evaluating a potential assault injury case. Certain circumstances may toll or otherwise affect either filing period, which makes a timely legal review particularly important for a Brooklyn resident injured in an assault.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys begin an assault injury case by determining which legal track, or tracks, apply to the facts presented. This includes evaluating whether a direct claim against the person who committed the assault may be viable under N.Y. C.P.L.R. § 215(3), and separately whether the location where the assault occurred, such as an apartment building, retail establishment, or parking facility, may have had inadequate security measures that contributed to the incident.

Where a negligent security claim against a property owner or business may exist, the firm examines the property’s security history, prior incidents, and the reasonableness of the measures in place at the time of the assault, applying the ordinary personal injury framework under N.Y. C.P.L.R. § 214(5) and the comparative fault principles in N.Y. C.P.L.R. § 1411(a). Because a direct claim against the person who committed the assault is subject to a much shorter filing deadline than a negligence claim against a property owner, Mr. Sris and the firm’s Of Counsel attorneys prioritize an early assessment of the applicable filing periods so that a client’s options are not lost to time. The firm also considers whether the person who committed the assault has been identified or is subject to a separate criminal proceeding, and how that may affect the civil claim. Throughout the process, the firm works to document the injuries sustained and their effect on the client’s life. Brooklyn residents injured in an assault can call the firm’s intake line staffed 24/7 to begin the process of requesting a consultation.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded the firm in 1997 and continues to serve as its Owner and Founder. Before entering private practice, he worked as a former prosecutor, an experience that shapes his approach to evaluating both intentional tort and negligence claims today. Mr. Sris brings a background from George Mason University in accounting and information systems to the practice, which he has applied to complex financial and technology-related cases throughout his career. He is admitted to practice law individually in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys work alongside Mr. Sris on personal injury matters, including assault injury and negligent security claims, throughout the areas the firm serves. The firm practices in personal injury claims arising from both intentional acts and negligence, and approaches each case by examining the applicable New York statutes, the parties potentially involved, and the specific facts of the incident. Mr. Sris and the firm’s Of Counsel attorneys aim to keep clients informed as a claim proceeds from initial evaluation through negotiation and, where necessary, litigation in the appropriate New York court. Brooklyn residents who have been injured in an assault can request a consultation to discuss their situation.

Frequently Asked Questions

What is the difference between an assault claim and a negligent security claim?

An assault claim is a direct claim against the person who committed the assault, brought as an intentional tort under New York law. A negligent security claim, by contrast, is brought against a property owner, business, or landlord whose alleged failure to provide adequate security contributed to the assault occurring. These two claims are governed by different legal standards and, critically, by different filing deadlines. A single incident may support both types of claims at the same time, depending on where the assault occurred and what security measures, if any, were in place.

How long do I have to file a claim against the person who assaulted me?

Under N.Y. C.P.L.R. § 215(3), a claim for assault and battery must generally be commenced within one year of the act itself. This is significantly shorter than the three-year period that applies to most other personal injury claims in New York, and certain circumstances may toll or otherwise affect this period. Because this deadline runs quickly, it is important to seek legal guidance as soon as possible after an assault to avoid losing the ability to pursue a direct claim against the person responsible.

How long do I have to file a negligent security claim against a property owner?

A negligent security claim against a property owner, business, or landlord is treated as an ordinary personal injury negligence claim, governed by the three-year filing deadline set out in N.Y. C.P.L.R. § 214(5). Certain circumstances may toll or otherwise affect this period as well. Because this deadline is considerably longer than the one-year period that applies to a direct claim against the person who committed the assault, it is important to determine which claim, or claims, may apply to your situation as early as possible.

Can I pursue both an assault claim and a negligent security claim at the same time?

In some cases, yes. If a property owner’s inadequate security allegedly contributed to an assault committed by another person, a claimant may be able to pursue a direct claim against the person who committed the assault and a separate negligence claim against the property owner or business. Because these two claims carry different filing deadlines, with the claim against the individual running out much sooner, it is important to evaluate both potential claims early so that neither option is lost due to the passage of time.

How is fault divided among multiple parties in a negligent security case?

Negligent security claims are generally subject to New York’s comparative fault rule under N.Y. C.P.L.R. § 1411(a). Under this rule, if more than one party, such as a property owner and a security company, is found negligent, fault may be apportioned among them, and a claimant’s own conduct, if any, reduces rather than eliminates their recovery. This general rule differs from the rule that applies to motor vehicle accident claims, where a claimant found more at fault than the defendant can be barred from recovering entirely.

The same rules apply outside Brooklyn, and our page on assault injury claims across New York walks through each stage.