Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue my attacker in civil court even if they were not convicted criminally in New York?
Yes. A civil lawsuit and a criminal prosecution are entirely separate proceedings in New York. You do not need a criminal conviction—or even criminal charges—to pursue a civil claim for assault or battery. The burden of proof in civil court is the lower "preponderance of the evidence" standard, meaning your case can succeed even when the criminal case did not.
What compensation can I recover in a civil lawsuit against my attacker in New York?
A successful civil assault claim in New York can result in compensation for medical bills, lost wages, pain and suffering, and emotional distress. In cases involving intentional and malicious conduct, courts may also award punitive damages. Additionally, New York Crime Victims Board (OVS) can cover up to $30,000 in unreimbursed out-of-pocket losses regardless of whether you sue the perpetrator.
Can I sue a property owner if I was attacked on their premises in New York?
Yes. Under New York premises liability law, property owners—including landlords, businesses, and building managers—have a duty to maintain reasonably safe conditions. If inadequate security measures (such as broken locks, poor lighting, or lack of security personnel) allowed a foreseeable assault to occur, the property owner may be held liable alongside the attacker.
What is the deadline to file a civil lawsuit against an attacker in New York?
New York's statute of limitations for intentional torts such as assault and battery is generally one year from the date of the attack. For negligence claims against a property owner, the deadline is three years. Claims against a municipal entity, such as a city-owned facility, require a Notice of Claim filed within 90 days of the incident. Speaking with an attorney promptly is critical to preserving your rights.
How do I actually collect money from an attacker who appears to have no assets?
A civil judgment in New York is enforceable for 20 years, so you're not limited to what the attacker has today. Your attorney can run asset and wage searches, place liens on any property, and garnish income. New York's "Son of Sam" law (Executive Law § 632-a) is also a backstop: if the person who harmed you later receives $10,000 or more — from an inheritance, a book or media deal, a lottery win, or a lawsuit — the Office of Victim Services and you must be notified, and you get three years from discovering those funds to sue, even if the normal deadline has passed.
How does the New York OVS $30,000 claim actually work?
The Office of Victim Services is a payer of last resort, meaning it covers losses no insurance or other source will. To qualify you generally must report the crime to police within a reasonable time and file your OVS claim within one year of the incident, though that can be extended for good cause. It reimburses medical and counseling costs with no dollar cap and lost earnings up to the statutory limit, and you don't have to sue your attacker or win any case to receive it — it runs on a separate track from your civil lawsuit.
If the criminal court already ordered my attacker to pay restitution, do I still need a civil lawsuit?
Usually yes. Criminal restitution in New York is capped — generally $15,000 for a felony — and it only reimburses documented out-of-pocket losses like medical bills and property damage. It does not compensate you for pain and suffering, emotional distress, or punitive damages. A civil suit against the attacker is the only route to recover the full value of what the crime cost you, and it can proceed alongside or after the criminal case.