Reviewed by Laurence P. Banville, Esq.Yes — a shooting is a civil claim, not just a crime
Being shot is a crime the state can prosecute, but it is also an intentional tort you can sue over yourself. A criminal case is the People versus the shooter, and any penalty goes to the state. A civil lawsuit is you versus the shooter, and any money awarded goes to you. These are two separate tracks that run independently.
Because a gunshot is a deliberate act, the legal claims are usually assault (creating fear of imminent harm) and battery (the actual harmful contact). You do not need a conviction to win. The two cases also use different standards of proof: a criminal conviction requires proof “beyond a reasonable doubt,” while a civil case only requires a “preponderance of the evidence” — meaning more likely than not. That lower bar is why people are sometimes found liable in civil court even after an acquittal.
How long you have to file in New York
For an intentional act like a shooting, New York generally gives you one year to sue for assault and battery. CPLR §215 If part of your claim is framed as negligence — for example against a third party who carelessly allowed the harm — a longer three-year personal injury window may apply instead. CPLR §214 Because deadlines are short and depend on exactly who you are suing and on what theory, it is worth confirming your specific deadline early; missing it usually ends the claim permanently.
Can anyone else be held responsible?
Sometimes a party beyond the shooter shares responsibility. This is often where real recovery comes from, because the shooter alone may have no money or insurance. Possibilities include:
- A property or business owner who failed to provide reasonable security in a place where violence was foreseeable — for example a bar, parking garage, or apartment complex with a known history of crime. This is a “negligent security” claim.
- A person who negligently stored or supplied a firearm that was then used to harm you.
- An employer, in narrow situations where the shooting happened in the scope of someone’s job.
Whether any of these apply depends heavily on the facts, and proving a place “should have known” violence was likely takes investigation.
What your case could be worth
Honest answer: no one can promise a number, and prior results never guarantee a future outcome. What a shooting case is worth depends on factors like the severity and permanence of your injuries, surgeries and future medical care, lost wages and reduced earning ability, the lasting physical and emotional impact, and — critically — whether there is a solvent defendant or insurance policy to collect from. A clear case against someone with no assets can be hard to actually recover on, which is why identifying every responsible party matters so much.
What to do next
Get medical care and keep every record. Report the shooting to police and preserve anything tied to the incident — photos, witness names, and any security-camera leads. Then have a New York personal injury attorney review who can be held liable and confirm your filing deadline before it runs. The related questions below cover similar violent-act claims you may be weighing.
Frequently asked questions
Can I sue if the shooter was never charged or was found not guilty?
Yes. A civil lawsuit is separate from the criminal case and uses a lower standard of proof ('more likely than not' instead of 'beyond a reasonable doubt'). People are sometimes found liable in civil court even after a criminal acquittal, and you can sue whether or not charges were ever filed.
How long do I have to sue someone for shooting me in New York?
For intentional acts like assault and battery, New York generally allows one year to file. If part of the claim is based on negligence, such as a property owner's failure to provide security, a longer three-year window may apply. Deadlines are strict, so confirm yours early.
Can I sue a business or property owner for a shooting that happened there?
Sometimes. If violence was foreseeable and the owner failed to provide reasonable security, they may share liability under a 'negligent security' theory. This often matters because a property owner is more likely than the shooter to have insurance or assets to recover from.
What can I recover in a shooting lawsuit?
You can seek compensation for medical bills, future care, lost wages and reduced earning ability, and pain and suffering. The actual value depends on the severity of your injuries and whether there is a solvent defendant or insurance to collect from. No attorney can promise a specific amount.
What if the shooter has no money or insurance?
Winning a judgment and collecting on it are different things. If the shooter has no assets, recovery can be difficult, which is why it is important to identify every responsible party, such as a negligent property owner, who may have insurance.