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I was assaulted,the criminal case is now settled can i sue for damages

East Islip, NY |

I was the victim of an assault in april the case was settled in court 2 weeks ago and the person who assaulted me was given 1 yr conditional discharge.in the assault I had a few cuts on my face and had 1 front tooth knocked out and another damaged beyond saving and had to be removed so i am now missing both front teeth as a result ,can I sue this person for my dental expenses as well as damages

Attorney Answers 4


  1. You have one year from the date of the assault to commence a lawsuit against the perpetrator of the crime. If the assault took place in April 2013, then you have plenty of time to bring a lawsuit against this person.

    The problem that you will face is recovering any money from the person as insurance policies do not provide coverage for intentional acts. If the person who injured you has substantial assets, it may make sense to bring a lawsuit and hope that you can resolve it with the person paying you money.

    Consult with an experienced personal injury lawyer in your community. Use the Avvo find a lawyer function to help you locate the right attorney for you.

    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


  2. One year tine limit for an intentional tort from date of assault. Problem will be collecting from an individual. Consult with a personal lawyer to see if there are other defendants with assets or insurance.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. I agree with my Avvo colleagues. Many other factors must be considered to answer your question with an answer it deserves. Consult and retain an experienced attorney who will listen to you and take the proper steps to advocate for you.

    Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: rwigell@waaltd.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923


  4. You are/were entitled to compensaton from the crime victims fund. Alternatively, you should have been given restitution for your out of pocket expenses necessitated by the crime. It is now too late for the restitution since he was sentenced without the requirement apparently (check with the prosecutor). You may sue in intentional tort one year after the act. That one year may start after the conviction IF falls under one of the applicable crimes stated in the statute.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.