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How do I sue someone for assault?

Queens Village, NY |

I was working in a bar late at night. After refusing to serve a group of nasty drunks, i was assaulted by a man 3 times my body weight. The injuries I have aren't serious, swelling and bruises from being grabbed and shaken. There is already charges filed and the DA has my case. How do I go about suing the person after the case has been heard?

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Attorney answers 6

Posted

You would need to hire an attorney, probably a personal injury attorney, to assist. If you haven’t sustained any real/permanent injuries, though, you may not have a case.

Posted

It costs time and money to go to court so without serious injuries you may be wasting both time and money. Speak to an attorney who handles such civil matters but I think it is doubtful that without a hospital visit, medical records and other evidence you are looking at any sizable verdict or settlement. Just trying to be real...

Law Office Of Michael Marley

Posted

Contact a personal injury or civil litigation attorney.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Posted

Besides contacting a persona injury lawyer who can assist you in suing the individuals. You may have a tough time collecting from them if they do not have sufficient assets. Also, speak to the DA about the crime victim's compensation board about a possible ability to recover for damages.

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.

Posted

You hire a personal injury attorney right away, since there is a short statute of limitations. That attorney immediately files a complaint seeking not only compensatory damages but PUNITIVE damages. Typically, the civil action will not be pursued until the criminal case resolves against the drunk. If the drunk pleads guilty, then the attorney moves for summary judgment against the drunk, and judgment will be entered and a trial is held just on the issue of damages. Since no one has the right to assault a woman (or for that matter anyone) you'll get a decent judgment, and then you have to collect. My firm handles assault cases on a contingency basis. Please see my disclaimer.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

I just want to note that I strongly, but respectfully, disagree with those attorneys who say that without serious injuries, the case is not worth pursuing. This is an intentional assault case, and the damages will likely far exceed what would ordinarily be awarded if you sustained the same injuries in a slip and fall.

Posted

Maybe. A good personal injury attorney like the lawyers at my firm can assess your damages and determine whether its worth it. I agree you would need to wait until the criminal case is over and also have your lawyer study your medical reports and any psych reports to assess the full measure of your damages. If you didn't have to go to the doctor, you should go just for your benefit to make sure there are no internal problems. But if it is just bruising and swelling, you obviously were assaulted but your damages are de minimis.

Hire an attorney today to protect your legal rights.

Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
E. Estrella.Jeffrey@gmail.com
www.EstrellaLawyer.com

The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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