Reviewed by Laurence P. Banville, Esq.Can you sue someone for shooting at you in New York?
Yes. A civil lawsuit is separate from any criminal case, and you do not need the shooter to be convicted (or even charged) to sue them. When someone points a firearm and shoots in your direction, that conduct supports a civil claim for assault — intentionally putting you in reasonable fear of imminent harmful contact. If a bullet actually struck you, you also have a claim for battery, the intentional harmful contact itself.
These are intentional tort claims, not ordinary negligence. The general New York personal injury filing deadline applies to most of these civil claims CPLR §214, so it is important to talk to a lawyer early rather than wait. The criminal court handles punishment; your civil case is about getting you compensated.
What do you have to prove?
For an assault claim, you generally have to show the person intentionally created a reasonable fear of imminent harmful or offensive contact — firing a gun toward you fits squarely within that. For a battery claim, you show the shooter made intentional, unconsented contact (the gunshot wound) that caused you harm. You do not have to prove the shooter wanted to hit you specifically; intending the dangerous act is enough.
Because being shot at is a frightening, traumatic event, your damages are not limited to a physical wound. New York allows recovery for the emotional distress and psychological harm that flow from the incident, even in a near-miss where you were not physically struck.
What can you recover, and what affects the value?
There is no fixed dollar figure — every case turns on its own facts, and prior results do not guarantee a future outcome. The factors that drive value typically include:
- The severity of any physical injuries and the medical treatment, surgeries, or rehabilitation required.
- Emotional and psychological harm, including PTSD, anxiety, and fear — often significant in shooting cases.
- Lost wages and lost earning capacity if your injuries kept you from working.
- Future medical needs and any permanent impairment or scarring.
- Whether the conduct was especially egregious, which can support punitive damages in intentional-violence cases.
What if the shooter has no money to collect from?
This is the hard reality of suing someone for a violent crime: a judgment is only worth what you can actually collect. A skilled attorney looks beyond the individual shooter for other responsible parties who may carry insurance — for example, a property or business owner whose inadequate security allowed a foreseeable shooting to happen. Some homeowners’ or other policies may also apply in limited circumstances. New York also has an Office of Victim Services program that can help certain crime victims with medical bills and lost wages. The right path depends on the facts, so an early case review matters.
Related questions worth understanding
Suits over other violent acts follow the same intentional-tort framework. If you were the victim of a different attack, you may have a parallel claim — whether you were stabbed, robbed, or harmed by someone who owed you a duty of care, such as a caregiver. Browse the related guides below to see how those situations compare, then speak with a lawyer about your specific circumstances.
Frequently asked questions
Can I sue if the bullet missed me?
Yes. Even a near-miss can support a civil assault claim because the shooter intentionally put you in reasonable fear of imminent harm. New York lets you recover for the emotional distress and trauma that result, not just for a physical wound.
Do I need the shooter to be convicted of a crime first?
No. A civil lawsuit is independent of the criminal case. You can sue whether or not the shooter is charged or convicted, and the civil standard of proof is lower than the criminal one.
How long do I have to file a lawsuit in New York?
Most personal injury claims in New York must be filed within three years under CPLR 214, though deadlines can differ depending on the specific claim and parties involved. Because exceptions exist, it is best to confirm your deadline with a lawyer promptly.
What if I don't know who shot at me?
An attorney can investigate using police reports, witnesses, and surveillance to help identify the shooter or other responsible parties, such as a property owner with poor security. Identifying a defendant who actually has insurance or assets is often the key to a recoverable case.
Can I recover money if the shooter is broke?
Possibly. A judgment against an individual may be hard to collect, so a lawyer looks for other liable parties with insurance, such as a negligent business or property owner. New York's Office of Victim Services may also help certain victims with medical costs and lost wages.