If you or a loved one suffered stab injuries on commercial premises or at a location where there is negligent security, you may be able to claim compensation via a civil premises liability lawsuit. Victims of stabbings often have questions such as:
Our experienced attorneys are fully prepared to answer these and any other questions you may have. Do not delay in getting the justice and compensation you deserve. Call today for a free injury compensation claim consultation. We work on a contingency fee basis meaning, no win no fee.
Unlike the UK, the US does not have an agency called the Criminal Injuries Compensation Authority or CICA, which is where victims and those injured by stabbings can claim compensation. In the US, each state has a Crime Victim Compensation Fund. However, these compensation funds provide minimal funds and require claimants to have exhausted all other avenues of recovery.
Our law firm assists families and the victim of a stabbing who suffered stab injuries file a civil claim against those who were negligent in securing the premises where the injuries occurred. These injury claims are personal injury claims and play out in the civil court system, meaning that if successful we can claim compensation for past and future medical care, loss of earnings, punitive damages, loss of enjoyment of life, and pain and suffering.
So how do you make a claim? Call our knife injury claims lawyers today and see if you or your loved one qualifies for stabbing compensation from those who enabled the stabbing to occur on their premises.
A stabbing incident or "knife crime" can be defined as a situation where an individual is attacked by another with a knife or other sharp instrument.
Stab injuries can encompass a broad spectrum of physical trauma and not merely flesh or stab wounds. Internal organs can easily become punctured in a stabbing. Any kind of organ damage can be deadly to the human body, but when various organs are afflicted, the risk of multi-organ failure becomes quite real, as does the danger of systemic infection. In addition, we have seen in most instances severe cases of post-traumatic stress disorder. As a result, and unlike what one could expect, a stabbing can be much more deadly than a shooting.
For the victim of a stabbing, the aftermath can be very hectic. There will likely be police calling to investigate and prepare their police report, many doctor appointments, and unfortunately for some families, a funeral.
Early on after these violent crimes occur, the life of the injured can literally hang in the balance. Depending on the extent of the personal injuries, stabbing victims may require surgical intervention to repair internal damage and the stab wound itself. If a large amount of blood was lost, as is often the case with stab wounds, one or more blood transfusions may be required to replenish what has been lost.
Once the stabbing victim has been stabilized by medical professionals, there is often a long road to recovery which can involve critical stab wound care by professionals, strict medication regimens, physical therapy, and more. Even then, while a flesh wound can heal, the sad truth is that scars often remain as a constant reminder to the victim of their disturbing experience.
With their stabbing injuries to tend to and emotional trauma to process, crime victims and their family members often have little time to think about seeking justice against the assailant or others. However, when medical bills start to pile up and the loss of income by the victim or loved ones is noticed at the end of the month, it's only natural to wonder whether the legal system provides avenues for claims to obtain stabbing injury compensation.
You have the option of suing the person who stabbed you. However, such a claim often ends in a judgment that can't be enforced due to the assailant not having assets or liquid funds to provide the stabbing victim with compensation.
Most stabbing victims do not realize they may be able to claim compensation for stab injuries from the owners of the premises where it happened.
Per premises liability laws, business owners may owe their patrons a duty to provide safe premises. If the owner of the business did not take steps to protect their customers, such as by hiring security guards or installing security cameras after an incident takes place on their premises, they may be held liable for damages suffered by visitors to their property.
Are you or the victim of a violent crime unsure whether you can sue the person who stabbed you, or if the owner of the business where it happened is liable? Contact us. Our team of personal injury attorneys has the necessary experience and is available right now to explain the legal options at your disposal. We will inform you whether you are likely to obtain compensation for stabbing injuries and scars.
Below is the typical flow of events when someone seeks information about compensation for a stabbing:
As we mentioned above, victims of stabbings have the option of seeking legal advice and filing a personal injury claim lawsuit against the persons or person who stabbed them. They may also hire a stabbing victim attorney and file a stab wound injuries claim to hold liable the business or owner of the private property where the injuries occurred.
These are the two avenues for seeking compensation allowed by the civil justice system. However, these are completely separate from any legal proceedings that take place within the criminal justice system.
It's important to understand that the criminal justice system is in charge of holding individuals responsible for breaking the law. As such, the criminal justice system would be responsible for putting the person who stabbed you in prison. And while New York's criminal justice system may be very good at proving criminals guilty of a crime, such as those who may have stabbed you, it is not as effective at taking care of the victims themselves.
This is to say, the perpetrator of the violent crime may get the jail sentence they deserve, while you as the victim who suffered the actual stab wounds may not get any help with the damages (physical & otherwise) that resulted from the crime. For this reason, the state of New York established the Office of Victim Services.
Perpetrators of violent crimes rarely possess the financial means to pay for the damages they caused. Even if their victims were to take them to court and win, they would not have any assets with which to pay back the damages they are responsible for. Unfortunately, this means they are not held 100% liable for the pain they caused.
As a result, the Office of Victim Services in New York was established - to take care of victims of crimes when the criminals themselves have no way of paying compensation for damages. This is similar to the CICA or Criminal Injuries Compensation Authority in the UK.
Via an Office of Victim Services (OVS) claim, a victim of a crime, such as a stabbing, can seek compensation from the state of New York intended to cover:
These are only some of the most common types of assistance; many others may also apply in your specific case.
Aside from financial compensation after a stabbing, OVS also provides services like counseling, guidance, and crisis intervention.
All other states have state-wide and may have local city programs similar to the Criminal Injuries Compensation Authority (CICA).
While the OVS can be extremely helpful for victims of stabbings when it comes time to seek compensation, it can also serve as an obstacle between the stab wound victims and the support they desperately need.
This is because OVS claims are just that - compensation claims or applications. Just because the crime occurred and the victim suffered damages does not mean that they will be granted benefits.
Ultimately, an OVS scheme claim can become a complex legal process through which it must be proven that the individual who was stabbed suffered injuries due to no fault of their own. There are many circumstances that, if interpreted in a specific way, could disqualify a victim from OVS benefits.
The average person is unlikely to be familiar enough with the law or the claims process scheme to know how to build their own case for compensation from the OVS. For this reason, hiring an attorney with experience in handling criminal injury claims can be a critical decision.
When you hire an injury lawyer after you suffer a criminal injury, you enable yourself to leverage the fullest extent of the law to your advantage. Simply put, your personal injury solicitor will employ every tactic in fighting your case to ensure you get the maximum compensation under the law.
Whether it be by filing an OVS scheme claim after you were stabbed, or by filing lawsuits in the civil justice system against the perpetrator or business where it took place, your injury lawyer will not rest until all options are exhausted.
Throughout the stabbing injury lawsuit process, your attorney and their support team will go out and collect as much evidence as possible. Whether it be video recordings, the police report, witness testimony, and more, they will compile all the relevant information to use in your case. You can rest assured that your lawyer will find out exactly what happened and then leverage the sequence of events to ensure that your case, whether it be a lawsuit or an OVS scheme claim, has the maximum possibility for compensation.
You may not have any experience with filing a stabbing injury claim or any other kind of personal injury lawsuit. The personal injury lawyers at Banville Law are not only experienced in this area of the law - they have dedicated their professional careers to studying it and fighting to get their clients the financial compensation and justice that they truly deserve.
Whether you were stabbed in New York, or any other location in the United States, our experienced personal injury lawyers can help you get justice.
We have partnered in cases in several states around the US with locally licensed attorneys to get justice for our clients.
Negligent security cases involving knife crime and claims for criminal injury compensation are a complex area of the law and require a thorough understanding of the law. Our promise to you is that we have that experience.
If you were stabbed and want to fight for the compensation you are entitled to, then call us today to make a criminal injuries compensation claim. We are a no win no fee personal injury law firm, so if our attorneys aren't able to secure compensation on your behalf, you'll owe us nothing. A time limit for filing a stabbing compensation lawsuit exists, so call today to take the first step on your path to justice. Remember, it's no win no fee.