Reviewed by Laurence P. Banville, Esq.Can you sue someone for stabbing you in New York?
Yes. An intentional stabbing is a civil wrong known as an intentional tort — usually called assault and battery in a lawsuit. That means the person who stabbed you can be held financially responsible to you directly, separate from any punishment the criminal courts impose. You do not need permission from a prosecutor to file your own case, and you can sue even if the attacker is also being prosecuted, was never charged, or was acquitted.
The civil case and the criminal case answer two different questions. The criminal case asks whether the state can punish the attacker. Your civil case asks whether the attacker owes you money for the harm they caused. Because the standard of proof in a civil case is lower (a preponderance of the evidence, not proof beyond a reasonable doubt), you can sometimes win a civil claim even when the criminal case did not result in a conviction.
Who can you hold responsible?
The most obvious defendant is the person who stabbed you. But the attacker is often the hardest party to recover money from, because individuals frequently have no insurance and few assets. New York law sometimes lets you pursue an additional party whose negligence allowed the attack to happen:
- A property owner or business — under a theory of negligent security, a bar, club, parking garage, apartment complex, or store may be liable if it failed to provide reasonable security and a foreseeable attack occurred (for example, a venue with a history of violence and no guards or working lights).
- An employer — if the person who stabbed you was on the job and the employer was negligent in hiring or supervising them.
- A bar or social host — in limited situations involving unlawfully served alcohol, New York’s Dram Shop Act may apply. GOL §11-101
Identifying a defendant with insurance or assets is often the single most important factor in whether a stabbing case results in any real recovery.
How long do you have to file?
In New York, a civil claim for injuries from a stabbing generally must be filed within three years of the date of the attack. CPLR §214 If a public entity is involved — for instance, an attack on government property — much shorter deadlines apply, including a Notice of Claim that is typically due within 90 days. GML §50-e Because deadlines vary with the facts and missing one can permanently bar your case, it is worth confirming the exact date that applies to your situation early.
What is a stabbing case worth?
There is no set figure, and any honest lawyer will tell you outcomes vary widely. The value of a case depends on factors such as the severity and permanence of your injuries, your medical expenses, lost wages and future earning capacity, the pain and emotional trauma you suffered, and — critically — whether there is a solvent defendant or insurance coverage to pay a judgment. Prior results do not guarantee future outcomes, and no one can responsibly promise you a specific amount.
What to do next
Get medical care and keep every record, report the attack to police, and write down what you remember while it is fresh, including any witnesses and the names of any business or property where it happened. Then have the facts reviewed promptly so the right deadlines are protected. Banville Law is a New York personal injury firm that can help you understand your options and connect you with the right counsel for an intentional-assault claim.
Frequently asked questions
Can I sue someone for stabbing me even if they were not convicted?
Yes. A civil lawsuit is separate from the criminal case and uses a lower standard of proof. You can sue whether the attacker was acquitted, never charged, or is still awaiting trial, because the civil case decides only whether they owe you money for your injuries.
What can I recover in a civil stabbing lawsuit?
You can seek compensation for medical expenses, future medical care, lost wages and reduced earning capacity, and pain and suffering. In cases of intentional, malicious conduct, punitive damages are sometimes available. Actual recovery depends heavily on whether the defendant has insurance or assets, and outcomes vary.
Can I sue a bar or property owner if I was stabbed on their property?
Possibly. Under New York negligent-security law, a business or property owner can be liable if a foreseeable attack happened because they failed to provide reasonable security, such as adequate lighting, guards, or working locks. Whether it applies depends on the specific facts and the history of the location.
How long do I have to file a stabbing lawsuit in New York?
Generally three years from the date of the attack under CPLR 214. If a government entity is involved, much shorter deadlines apply, including a Notice of Claim that is usually due within 90 days. Confirm your exact deadline early, because missing it can permanently bar your case.
Does a criminal restitution order replace a civil lawsuit?
No. Criminal restitution is ordered by the criminal court and is often limited and difficult to collect. A separate civil lawsuit lets you pursue the full range of damages, including pain and suffering, that restitution typically does not cover.