Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I file a civil lawsuit even if the criminal case is dropped or the attacker is acquitted?
Yes. Civil and criminal cases operate under separate legal standards in New York. A “not guilty” verdict in criminal court does not prevent you from pursuing a civil claim, which requires only a preponderance of evidence — a much lower standard. You can seek compensation for medical bills, lost wages, and pain and suffering regardless of the criminal outcome.
Who can I sue after being a crime victim in New York?
Beyond the perpetrator, you may have claims against third parties whose negligence enabled the crime. In New York, property owners, landlords, businesses, and security companies can be held liable if inadequate security contributed to your assault, robbery, or attack. These “negligent security” claims are often more collectible than suing the criminal directly.
How long do I have to file a crime victim lawsuit in New York?
Most crime victim personal injury claims in New York must be filed within 3 years of the incident under CPLR §214. However, if the defendant is criminally prosecuted, NY law may toll (pause) the limitations period. Sexual assault survivors have longer windows under the Adult Survivors Act. Consult an attorney immediately to protect your deadline.
Can I get compensated even if the attacker has no money?
Possibly. New York’s Office of Victim Services (OVS) provides crime victim compensation for medical expenses, lost earnings, and counseling up to certain limits. Additionally, if a third party’s negligence contributed — such as a bar that over-served a visibly intoxicated attacker — their insurance may be a source of recovery.