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Can I Sue For Injuries Sustained In A Robbery?

Robbery – it can happen any time, anywhere. In many instances, the robbery “goes wrong” and ends with injuries to the victims of the crime.

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What is a Robbery?

Frequently there is confusion about the definitions of a theft, burglary, and a robbery. The terms are not interchangeable and have important distinctions.

Theft

Theft takes places when one person takes someone’s property without the owners consent and with the intention of keeping the property permanently.

Burglary

While burglary often coincides with theft, the two are not mutually exclusive. A burglary takes place when a person unlawfully enters a structure with the intent to commit a crime within. The crime you commit does not have to be a theft or robbery.

Robbery

Robbery is taking something that doesn’t belong to you by force from another person. Robbery is considered a violent crime due to the property being taken by force, or the threat of force, but it doesn’t necessarily result in injury to the victim.

When The Robber’s Plan Fails

On April 27th, 2010, Fadhl Diffullah was working as a store clerk at the Convenient Food Market on Staten Island, when three men robbed the store. Diffullah was beaten over the head and neck with a handgun when he refused to help the men execute their plan. His lawyer has stated that “He suffered physically, mentally, and emotionally from this.”

Thanks to a law known as the “Son of Sam” law, Diffullah was informed by the Office of Victim Services in 2014 that one of the suspects, Kwameek Stallings, had obtained more than $10,000 from a civil judgment.

The “Son of Sam” law requires that any victim be notified when a person of a crime receives a sum of more than $10,000 from almost any source.

Diffullah has chosen to fight back against his attackers by suing Stallings.

Victims’ Legal Rights

In addition to helping police identify and press criminal charges, victims who have been injured or the families of victims who died from injuries sustained during a robbery may be able to pursue a civil suit against the robbers.

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