Reviewed by Laurence P. Banville, Esq.Yes, you can sue the person who robbed you
A robbery is both a crime and a civil wrong. The criminal case is handled by the State, where the goal is punishment, not paying you back. To actually recover money for what the robbery cost you, you bring your own civil lawsuit against the person who attacked you. These two cases run on separate tracks, so you do not have to wait for, or even have, a conviction to sue.
Civil claims for a robbery usually rest on intentional torts such as assault, battery, and conversion (the wrongful taking of your property), and sometimes false imprisonment if you were held against your will. Because you only have to prove your case by a “preponderance of the evidence” rather than the criminal “beyond a reasonable doubt,” it is possible to win a civil case even when the criminal case ends without a guilty verdict.
What you can recover in a New York civil case
A successful civil claim can compensate you for the real harm a robbery causes, which often goes far beyond the property taken. Recoverable damages can include:
- Medical bills for treating physical injuries, both now and expected future care.
- Lost wages and lost earning capacity if the attack kept you out of work.
- The value of stolen or damaged property.
- Pain, suffering, and emotional distress, including anxiety, PTSD, and trauma.
- Punitive damages in some cases, because the conduct was intentional and malicious.
How much a case is worth depends on factors like the severity of your injuries, the cost of your treatment, time missed from work, and the lasting emotional impact. Every case is different, outcomes vary, and prior results never guarantee a future recovery.
Can you also sue a business or property owner?
Sometimes the robber has no money to pay a judgment, which makes a “third-party” claim important. If you were robbed at a hotel, parking garage, apartment complex, store, or similar location, the property owner may share responsibility under a theory called negligent security. The idea is that a business has a duty to take reasonable steps to protect people on its property from foreseeable crime, for example by providing working locks, adequate lighting, functioning cameras, or security staff in an area with a known history of violence. When that duty is ignored and a foreseeable attack happens, the property owner can be held liable for your injuries.
Deadlines in New York
New York sets firm time limits, and they differ by claim. A personal injury claim based on negligence, such as a negligent security case against a property owner, generally must be filed within three years. CPLR §214 Claims for intentional torts like assault and battery carry a shorter window of one year CPLR §215(3), so it is critical to act quickly and not assume you have the full three years. Missing the deadline usually ends your right to recover entirely, which is why it is wise to speak with a lawyer early.
What to do next
Report the robbery to the police and keep a copy of the report, get medical attention and save every record and bill, photograph your injuries and the scene if you safely can, and write down what happened while it is fresh. Then have an attorney review the facts, identify everyone who may be responsible, and confirm which deadline applies to your situation. Banville Law connects injured New Yorkers with experienced personal injury counsel who can evaluate a robbery-related claim. For robbery and violent crime cases, Banville Law works in partnership with The Haggard Law Firm to ensure clients have access to experienced trial counsel.
Frequently asked questions
Can I sue if the person who robbed me was never charged or convicted?
Yes. A civil lawsuit is independent of the criminal case. Civil claims use a lower standard of proof (a preponderance of the evidence) than the criminal standard, so you can pursue and even win a civil case without a conviction.
What if the robber has no money to pay a judgment?
This is common. That is why it is worth investigating whether a property or business owner shares responsibility through negligent security, for example a hotel, garage, or apartment complex that failed to provide reasonable safety measures. A business with assets or insurance is often a more meaningful source of recovery.
How long do I have to file a lawsuit in New York?
It depends on the claim. A negligence-based claim such as negligent security generally has a three-year deadline, while intentional tort claims like assault and battery have a one-year deadline. Because the windows differ and can be short, you should speak with a lawyer promptly.
What kind of money can I recover?
You can seek compensation for medical bills, lost wages and earning capacity, the value of stolen or damaged property, and pain, suffering, and emotional distress. Punitive damages may also be available because robbery is intentional. The amount depends on the specific facts, and outcomes always vary.
Does it cost anything to find out if I have a case?
Personal injury attorneys typically offer a free initial case review and work on a contingency fee, meaning you generally pay no attorney fee unless they recover money for you. It costs nothing to have your situation evaluated.