Queens Attorney for Assault + Fight Victims
Our attorneys can help if you or a loved one was injured during an assault or a fight in Queens. At the law offices of Sullivan and Galleshaw, LLP, we can help you fight against the liable parties to get the compensation you deserve. Nothing can be more challenging than facing the aftermath of a severe injury caused during an assault.
We will dedicate all of our efforts to help you understand what you may expect from your case. We know all you want is to recover from your wounds and get back on your feet. Let us help you and defend your interest during this challenging time. Call our law offices today and schedule your free, confidential consultation. Our phone number is (718) 843-0300.
Common Injuries During an Assault or Fight in Queens, NY
Assault in Queens happens when a person inflicts injury upon another without legal justification. An injured victim can suffer from mild injuries or “serious bodily injury” during an assault. Under New York law, a serious physical injury is likely to cause impairment, substantial risk of death, or long-term disfigurement. While the criminal justice system punishes the aggressor, you may want to find a way to gain compensation for your injuries. Some of the most common injuries that can stem from an assault or fight in NY include:
Head injuries are common during an assault or fight. An attacker may inflict severe injuries in your head area, which is mostly exposed during an altercation. Depending on the circumstances surrounding your case, you may sustain severe injuries such as traumatic brain injuries. Many head injuries can require costly medical attention, all of which may be recovered through a personal injury claim. Sullivan & Galleshaw, LLP can help you hold the liable party accountable for your losses.
Facial injuries are also common during assaults or fights. Unfortunately, many assaults or fights end up with a severely injured victim. Many victims have to suffer from permanent scarring or disfigurement caused by excessive force or the use of a blunt or sharp object. Most severe cases may require surgery to repair the damage and continuing medical attention. Additionally, a disfigured or scarred victim may also need to go through rehabilitation to deal with the mental and psychological aftermath of an assault or fight.
Broken Bone Injuries
An assault or fight victim may also suffer from painful, devastating broken bone injuries. These injuries may not seem as severe as the head or facial injuries but still, carry the potential of causing severe problems. For instance, a broken rib can cause puncture wounds, gashes, and lacerations that can lead to internal organ damage and bleeding. Call our Queens assault and fight injury attorneys to see how a lawsuit can help you cover your losses.
Filing a Personal Injury Claim After an Assault or Fight in Queens
The first step to recover compensation after an assault or fighting in Queens is to file your personal injury claim. Many people may tend to believe that, since the aggressor was already criminally-tried, he or she cannot be tried for the same crime again. This would be a factually-correct assessment if you were to try a defendant twice for the same crime at the criminal level. However, a personal injury claim is a separate process tried at the civil level. This means that you can file your civil claim despite the criminal prosecution of the defendant.
Once you have served the defendant, you will need to prove your case. Many personal injury cases are tied to a degree negligence from the defendant. However, assaults and fights are far from being caused by negligence; they are perpetrated with intent. In these situations, you should argue there was an intentional, willful act directed to inflict harm upon you. This is known as an intentional tort.
If you were assaulted, it means that the defendant created a reasonable feeling of apprehension or immediate harm upon you. This means that the defendant acted in a way that made you fear for your safety at a given moment. To establish assault in your civil claim – for intentional tort – you will need to show the court the existence of three essential elements. First, you will need to establish that the defendant threatened or attempted to cause physical harm. Second, you will need to show that the defendant had the ability to inflict injury. Finally, you will need to demonstrate that you had a reasonable fear that the defendant would harm you.
Battery is another element to be considered in assault and fight cases. Different from assault, where only the intention and the ability to inflict harm are present – among other factors – battery constitutes actual physical contact. To prove that battery occurred, you will need to establish that the defendant intentionally touched you in an offensive manner and without your concern. Both of these elements often go hand-by-hand. Our Attorneys for assault and fight victims at Sullivan & Galleshaw, LLP, can help.
You May Have a Negligent Security Claims (Premises Liability)
The perpetrator of the fight/assault can be held legally responsible for your injuries. As noted previously, you have the right to file an intentional tort claim directly against the person who caused your injuries. Unfortunately, in many cases, the person who committed a physical assault may not have sufficient assets to cover your injuries. There are other options available.
In New York, a business or property owner may potentially bear liability for an assault that happened on their premises. Through a type of premises liability lawsuit called a negligent security claim, you can take action to hold a careless or reckless business or property owner in Queens legally liable. Call our Queens negligent security lawyers today for a free review of your case.
Compensation for Victims of Assault and Fight
You may be able to get the compensation you deserve through your personal injury claim. You may wonder how much compensation the court can award in your case. Sadly, there is no one-size-fits-all approach when it comes to valuating a case. Instead, the court will focus on the specific circumstances surrounding your case. The court will generally look at factors such as the extent of your injuries, the costs associated with your medical treatment, any lost wages, and your pain and suffering. Based on these facts – and other facts argued in court – the court will determine the value of your compensation. Our Queens attorneys for assault and fight victims can help you have an idea of what your case may be worth. Depending on the nature of your injuries, you may be eligible to recover the following damages in a physical assault claim:
- Emergency room treatment;
- Hospital bills;
- Other health care expenses;
- Rehabilitative care;
- Lost wages;
- Loss of earning potential;
- Pain and suffering;
- Emotional distress;
- Permanent disfigurement; and
- Long-term disability.
You Can Rely On the Queens, NY Personal Injury Lawyers at Sullivan & Galleshaw
Personal injury claims are complicated—particularly those that involve an intentional physical assault. At Sullivan & Galleshaw, LLP, we are here to help you and your family navigate the legal claims process. When you reach out to our Queens law office, you will have a chance to speak to a New York personal injury attorney who will:
- Conduct a comprehensive review and assessment of your case;
- Answer questions and explain your legal rights;
- Identify all potential defendants, including the attacker and property owners;
- Gather the documents, records, and evidence you need to proceed;
- Represent you in settlement negotiations with the insurance company; and
- Devise a strategy designed to help you secure justice and compensation.
Frequently Asked Questions About Fight & Assault Injury Claims in New York
What Should I Do If I Am Injured in a Fight or Assault?
Following an injury sustained in a fight or assault, it is crucial that you take immediate action to protect your health, safety, and ability to bring a legal claim. Here are four key steps to take in the aftermath of an assault:
1. Get Immediate Medical Attention for Any Injuries: All significant injuries require immediate medical attention. A fight/assault can cause far more serious injuries than you may initially recognize. Not only should you see a doctor for your own well-being, you must do so to file a civil personal injury claim.
2. Report the Fight or Assault: You should report the fight or assault to the appropriate parties. Depending on the specific circumstances, you may want to report the matter to law enforcement and to the business or property owner where the incident occurred.
3. Write Down What Happened and Gather Evidence: All personal injury claims require comprehensive evidence. When the situation has calmed down and you are safe, write down exactly what happened. Try to secure as much relevant evidence and information as possible.
4. Consult With a Queens Personal Injury Lawyer: Personal injury law is complicated. You do not have to go up against defendants or large insurance carriers without professional representation. Call our Queens negligent security attorneys for immediate help with your case.
What is the Statute of Limitations in an Assault Claim?
There are strict deadlines to file a civil assault claim in New York. The statute of limitations for an assault and battery (intentional tort) case in New York is just one year from the date of the incident. With a negligent security claim against a third party, you may have up to three years to file a personal injury lawsuit. Do not wait to get the claims process rolling: Contact a Queens assault and battery injury lawyer as soon as possible.
When is a New York Business or Property Owner Liable for an Assault?
A third party business or property owner can be held legally liable for injuries caused in a fight or assault that occurred on their premises if their negligence contributed to the incident. In other words, you can only hold a New York business or New York property owner liable for an assault if you can prove that their failure to take proper security cautions was, at least partially, the reason why the attack happened. These are complicated cases. If you have any specific questions about a negligent security claim, contact our Queens assault and fight victims attorneys for immediate help with your case.
Queens Attorneys for Assault + Fight Victims Offering Free Consultations
If you or someone you know was injured during an assault or fight, we can help. Our Queens attorneys for assault and fight victims from Sullivan & Galleshaw, LLP, can help you hold the liable parties accountable for your losses. We will fight aggressively and tirelessly to get the compensation you deserve. We are aware of the challenges that a severe injury can cause. That is why we dedicate our efforts, resources, and experience to provide you with the quality legal representation you deserve. Call our law offices today and schedule your free, confidential consultation. Our phone number is 7184007011. We represent injured victims in Queens and throughout New York City.
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