Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue my attacker in civil court even if they were not convicted criminally in New York?
Yes. A civil lawsuit and a criminal prosecution are entirely separate proceedings in New York. You do not need a criminal conviction—or even criminal charges—to pursue a civil claim for assault or battery. The burden of proof in civil court is the lower "preponderance of the evidence" standard, meaning your case can succeed even when the criminal case did not.
What compensation can I recover in a civil lawsuit against my attacker in New York?
A successful civil assault claim in New York can result in compensation for medical bills, lost wages, pain and suffering, and emotional distress. In cases involving intentional and malicious conduct, courts may also award punitive damages. Additionally, New York Crime Victims Board (OVS) can cover up to $30,000 in unreimbursed out-of-pocket losses regardless of whether you sue the perpetrator.
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—including landlords, businesses, and building managers—have a duty to maintain reasonably safe conditions. If inadequate security measures (such as broken locks, poor lighting, or lack of security personnel) allowed a foreseeable assault to occur, the property owner may be held liable alongside the attacker.
What is the deadline to file a civil lawsuit against an attacker in New York?
New York's statute of limitations for intentional torts such as assault and battery is generally one year from the date of the attack. For negligence claims against a property owner, the deadline is three years. Claims against a municipal entity, such as a city-owned facility, require a Notice of Claim filed within 90 days of the incident. Speaking with an attorney promptly is critical to preserving your rights.