If you are injured during a crime that occurred because the premises or building owner was negligent in preventing, then you may have a civil lawsuit against that premises for compensation for your injuries. Typical examples of such cases are:
Contact our experienced crime victim lawyers today to discuss if you have a crime victim case. We are here to help you get the justice and compensation you deserve.
Although recent decades have seen a precipitous decline in criminal activity throughout New York City’s five boroughs, innocent residents and visitors continue to be victimized. Every week, every day, every hour, crimes are committed, threatening the private property, and very lives, of New Yorkers. How bad is the problem? According to the New York Police Department (NYPD), every week in our city, there are approximately:
That’s a total of 60,580 New Yorkers made victim by criminals every year. The problem is huge. For decades, America’s criminal justice system served solely to punish criminals, rather than assist victims. One authority went so far as to say that in the 1970s, victims “had no formal legal status beyond that of a witness or piece of evidence.” Even though they had been victimized, even though they had sustained serious physical injury, or lost significant personal property, victims were rarely compensated. The justice system had abandoned those left most vulnerable. Our experienced shooting victim lawyers are on a mission to change that.
Thankfully, since the early 1980s, many states including New York have instituted legislation that grants crime victims a voice, and specific rights within the criminal justice process. As a victim of crime, you have the right to protection from threats, retrieve stolen property that is being held as evidence, and make an oral statement to the court at the defendant’s sentencing. To learn more about your rights, visit the New York County District Attorney’s Office website here. In addition to these rights, which offer you a place within the criminal justice system, you are also allowed to seek compensation in a personal injury lawsuit. Crime victims may sue criminals themselves for the harm inflicted by their crimes in civil court. In some cases, you may also be able to pursue compensation from third – parties, people whose negligence led to the crime in which you were injured.
At the bottom of many horrific crimes lie negligent property owners. When you rent an apartment, buy a condo, or stay in a motel, you not only deserve to feel safe, you deserve to be safe. When you shop at a grocery store, bodega, or other business, shouldn’t the owner do everything in their power to protect you, a paying customer? The answer, of course, is yes. In fact, property owners have a legal obligation to maintain their properties in reasonably safe condition. Buildings and businesses in high crime risk areas, or with a history of crimes, must protect residents, visitors, and customers from the criminals who would do them harm. This protection extends to crime prevention measures, simple necessities like:
If these measures are not taken, or are improperly maintained, would-be defenses can create loopholes for criminals, allowing access to dangerous individuals. If you were injured, robbed, or assaulted, you may be able to sue a property owner for failing to adequately protect you from crime.
Every year, New York is home to over 37,000 robberies and burglaries. How many of these traumatizing crimes could be prevented if property owner’s did their part to protect us? We may never know, but justice is possible. The criminal justice system attempt to determine whether or not a defendant is guilty of a particular crime. But this isn’t the same as justice. And although New York offers compensation and restitution offers to many victims of robbery and burglary, the amounts are severely limited. True justice involves seeking compensation for all of your damages: physical, emotional, psychological, and financial. Achieving this true justice is the sole mission of personal injury lawyers.
Both concepts involve theft, or the unlawful entry of an individual who intends to steal or commit a felony. Robbery involves taking something of value by force or threat. A victim must be present for robbery to have taken place. For a crime to be considered burglary, a victim doesn’t have to be there. Burglary centers for its legal definition on the unlawful entry aspect. In fact, nothing has to have actually been stolen for a crime to be labeled burglary. In either case, victims may pursue justice and compensation in a civil lawsuit.
American laws recognize that rape and sexual assault are two of the most horrendous crimes possible. Men, women, teens, and children who have been sexually victimized may suffer from severe physical and emotional trauma, damage that can last indefinitely into the future. And while New York’s criminal justice system is tough on criminals, it does little to assist victims in their recovery. According to the Rape, Abuse & Incest National Network (RAINN), victims of sexual assault may experience:
If you were sexually victimized, a compassionate, experienced personal injury lawyer can help inform you fully of your legal rights.
Schools and colleges have an essential responsibility to protect students from violent crime. And yet, sexual assault in academic institutions has reached epidemic proportions. The National Sexual Violence Resource Center (NSVRC) states that “the percentage of completed or attempted rape victimization among women in higher educational institutions may be between 20% and 25% over the course of a college career.” Every day, we are made aware of more colleges that actively attempt to protect the perpetrators of sexual crimes. Colleges across America are complicit in creating an environment of silence, and disenfranchised victimhood. The NSVRC estimates that “less than 5% of completed or attempted rapes against college women [are] reported to law enforcement.” If you were made the victim of a sexual crime on campus, you may be able to pursue justice in a personal injury lawsuit. Colleges across New York can be held responsible for failing to protect students against foreseeable crimes.
After a crime where you were injured, you may feel alone, unsafe, and traumatized. We fully understand how difficult this time must be, and it may seem as if your faith in others will never be restored. But as the victim of crime, you have rights. Legal recourse can help you begin to rebuild your life, through financial compensation and some degree of emotional closure. Banville Law is based in Manhattan, but we serve clients throughout New York, including:
At Banville Law, we have only one goal: to help you recover. We want to take the pressure off your shoulders, and help carry some of the burden. And our New York crime victim lawyers work on a contingency-fee-basis, so you owe us nothing unless we win your case. Schedule a free consultation by calling (917) 551-6690 today.
Victims and their loved ones are frequently unsure of what to expect when they choose to consult a lawyer about their personal injury case. At Banville Law, we want our clients to be comfortable and are happy to answer any questions you may have.
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