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.
What types of crimes can I sue over in New York, not just assault?
Almost any crime that injured you or a family member can support a civil claim — robbery, a shooting or stabbing, a drunk-driving crash, domestic violence, sexual abuse, or a homicide pursued through the victim's estate. The civil case doesn't turn on how prosecutors labeled the charge; it turns on whether someone's intentional act or negligence caused you harm. That's the starting point for figuring out which specific claim, and which page here, fits your situation.
How do I prove a business should have prevented a crime on its property?
The key is foreseeability. If similar crimes had happened at or near the location before, if tenants or customers had complained about safety, or if the owner knew about broken locks, dead lighting, or missing security, a New York court can find the attack was foreseeable and preventable. That standard applies across many settings — apartment buildings, housing complexes, parking garages, hotels, bars, shopping centers, and schools — and each of those venues has its own rules worth reviewing separately.
Can my family bring a lawsuit if a relative was killed in a crime?
Yes. When a crime is fatal, the claim is a wrongful death action brought by the personal representative of the victim's estate, and New York gives you two years from the date of death to file it (EPTL § 5-4.1). It recovers the family's financial losses — lost support, funeral costs, and the value of the guidance a parent or spouse provided. A separate "survival" claim can also recover for the pain and suffering the victim endured before death.