Yes. You can pursue damages after an assault. Both physical and sexual assaults can form the basis of a civil claim. While the criminal justice system focuses on punishing the perpetrator, a civil lawsuit allows victims to recover monetary damages for their injuries, emotional trauma, medical bills, lost wages, and other losses stemming from the assault.
Negligent Security & Assault Claims
Beyond suing the attacker directly, assault victims may also have claims against property owners or businesses where the attack occurred through what's known as a negligent security lawsuit. Property owners in New York have a legal obligation to take reasonable security measures to protect people lawfully on their premises. The specific security measures required depend on factors like the property's location and history of criminal activity.
For instance, apartment buildings in high-crime areas may need:
- security guards,
- surveillance cameras,
- adequate lighting in common areas, and
- properly functioning locks on all entry points.
Hotels should ensure working locks on guest room doors and windows, while nightclubs may need to employ bouncers and have proper crowd control measures. If a property owner's failure to implement appropriate security measures results in an assault, they may be legally liable.
Catastrophic Injuries Caused by Assaults
Assaults can result in severe, life-altering injuries, including traumatic brain injuries, spinal cord damage, broken bones, internal injuries, and psychological trauma. These catastrophic injuries often require extensive medical treatment and ongoing rehabilitation and may prevent victims from working.
If your assault leads to catastrophic injuries, your settlement award can be greatly increased because of the higher economic damages you can accrue. In these cases, the non-economic damages (i.e., compensation for pain and suffering, loss of quality of life, loss of consortium, loss of earning potential, etc.) are also higher.
Criminal vs. Civil Assault
When an assault occurs, it can give rise to both criminal and civil legal proceedings, each serving different purposes within our justice system. These cases operate independently, but understanding their relationship and differences is crucial for both victims and legal practitioners.
The most fundamental difference lies in the burden of proof required in each type of case. In criminal proceedings, prosecutors must prove the defendant's guilt beyond a reasonable doubt, which is the highest standard of proof in our legal system. This means the evidence must be so strong that no reasonable person would have a doubt about the defendant's guilt.
In contrast, civil cases operate under the preponderance of the evidence standard, meaning the plaintiff must only prove it is more likely than not (i.e., highly probable) that the defendant committed the assault and caused harm. Other key differences include the following:
- Legal process: Criminal cases are prosecuted by the state or federal government, with the victim serving as a witness rather than a party to the case. The defendant has important constitutional protections, including Miranda rights and the right to a court-appointed attorney if they cannot afford one. Criminal proceedings may involve plea bargaining, and discovery rules are typically more limited than in civil cases. Civil proceedings generally have more extensive discovery processes, allowing both sides to gather detailed evidence. Mediation and settlement discussions are common, giving parties more control over the outcome than in criminal cases.
- Purposes and outcomes: The purposes and outcomes of these cases also differ markedly. Criminal cases aim to punish the offender and protect public safety, resulting in potential imprisonment, fines paid to the state, or probation. The focus is on the defendant's conduct and intent, serving society's interest in justice. Civil cases, however, seek to compensate the victim for their losses. Damages awarded in civil cases go to the plaintiff and may include compensation for medical bills, lost wages, pain and suffering, and other harm caused by the assault.
- Timing: Criminal assault cases have a statute of limitations of five years, meaning the state must bring charges against an assailant within five years of the incident. If you wish to file a personal injury case, generally, you must file a claim within three years of the date of injury.
- Strategic considerations: Criminal cases benefit from state investigative resources, but civil discovery may provide valuable information for criminal defense. Each type of case may have different evidentiary rules and requires careful consideration of how one case might impact the other.
While these cases proceed independently, they can significantly impact each other. A criminal conviction can substantially strengthen a civil case, providing strong evidence of liability, and enhancing the plaintiff's credibility. However, a civil case can still succeed even if the criminal case results in acquittal due to the lower burden of proof. Sometimes, civil proceedings may be stayed (temporarily halted) pending the outcome of criminal proceedings to protect the defendant's constitutional rights.
Assault Claim Case Example
In Kendrick vs. Rochester General Hospital, a jury awarded $200,000 to the plaintiff who suffered serious injuries during an altercation with a hospital security guard. The incident occurred as Mr. Kendrick was leaving the hospital premises. He claimed that the guard grabbed, hit, punched, and kicked him as he was trying to leave the hospital, resulting in facial trauma and a concerning case of rhabdomyolysis (i.e., a traumatic injury to the kidney) that required a two-week hospitalization.
Kendrick’s settlement award was $200,000: $50,000 for pain and suffering and $150,000 for his economic damages. The defense maintained that Mr. Kendrick had initiated the confrontation during an attempted eviction from the premises; surveillance footage of the incident helped support the plaintiff's account that the security guard had used excessive force, leaving him unconscious and subsequently handcuffed to a hospital gurney.
Suffered Injuries in an Assault? Talk with Our Personal Injury Attorney!
The Law Offices of Charles R. Gueli represents clients in catastrophic injury and negligent security claims. Should you or a loved one sustain injuries in an assault, we can help you understand your rights and the elements of negligence needed to pursue a claim and pursue compensation.
Learn more about how our attorneys can help you pursue an injury claim after an assault by calling (516) 628-6402.