Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue my attacker even if they were not convicted of a crime?
Yes. A criminal conviction is not required to bring a civil lawsuit in New York. The civil burden of proof is lower than the criminal standard, so you can win a civil case even if your attacker was acquitted or charges were never filed.
What compensation can I recover from a civil lawsuit against my attacker in NY?
In a New York civil assault or battery case, you may recover medical expenses, lost wages, pain and suffering, and emotional distress damages. In cases involving egregious conduct, punitive damages may also be available to punish the defendant.
What is the NY Office of Victim Services and how much can it pay?
The New York Office of Victim Services (OVS) is a state agency that provides financial compensation to crime victims who suffer out-of-pocket losses. Eligible victims can receive up to $30,000 for expenses such as medical bills, counseling, and lost earnings not covered by other sources.
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 have a duty to maintain reasonably safe conditions, which includes taking steps to prevent foreseeable criminal attacks. If inadequate security contributed to your assault, you may have a claim against the owner or manager of the property where the attack occurred.