Bronx Assault Lawyer
A personal injury law firm in Bronx, New York that’s not afraid to fight the system for you
The streets of New York City are no kindergarten playground, whether in the Bronx or elsewhere. It is easy to get into trouble, whether or not it was your fault. Fortunately, our plaintiff personal injury attorneys at law can help you recover damages for all of the losses you have suffered as a result of an unjustified assault.
Only 30 years ago, an incident of assault that did not result in serious injury (such as a bar fight where someone gets a bloody nose), was generally considered a “scuffle” resulting in no more than a disorderly conduct charge. These days, the defendant is in big trouble – in trouble with the prosecutor, and in trouble with the New York civil compensation system should you decide to file a claim.
Potential Justification Defenses against an Assault Claim
Under New York criminal law, asserting a legal defense is different that denying that you committed the assault. Instead, it is more like: ”Yes’ I did assault him, but I was justified in doing so under the circumstances.” In other words, the defendant can use such a defense even after it is proven that he committed the assault. Some of the most popular defenses include:
- Self-defense (the “He hit me first” defense).
- Defense of others, even a stranger.
- Privilege (a police officer using reasonable force to make a lawful arrest, for example).
- Consent: Imagine one boxer filing an assault claim against another boxer for knocking him out. Of course, that is not likely to happen. If the losing boxer knocks out the referee in retaliation for stopping the fight too early, on the other hand, it’s a different story.
There is no guarantee that a particular defense will be available to the defendant – it all depends on the individual case.
Assault vs. Sexual Assault
A sexual assault charge is different from an assault charge. In a sexual assault, you must make sexual contact with someone without consent, or without meaningful consent (the victim is underage, for example, even if they did consent). No physical injury is required to constitute a sexual assault.
You can recover damages for a sexual assault claim just as you can for a civil assault claim, and victims of sexual abuse are frequently successful. Sex abuse is also a sex crime and can be prosecuted as such. Punitive damages might also be available.
If someone is injured in an assault, they can file a personal injury claim against the perpetrator or some other responsible party. But what if the victim dies in the assault, or later in the hospital? In that case, New York’s remedy is a wrongful death claim. The personal representative of the deceased person’s estate (normally a close family member) files the claim, and compensation goes to the estate.
Since compensation goes to the estate, in effect it ends up in the hands of the beneficiaries of the victim’s estate. Damages can be substantial (normally equal or greater to the amount that the victim could have received if he had been seriously injured but lived over the assault).
Frequently Asked Questions (FAQs)
Why can’t I handle this case without a lawyer? Won’t the truth prevail?
The truth doesn’t necessarily prevail, unfortunately. What prevails is admissible evidence, and how persuasively it is presented. It is a distressing reality that how you are treated by the Bronx civil compensation system has a lot to do with the skill and experience of your personal injury attorney.
Can I seek punitive damages as well as compensatory damages?
To win a punitive damages claim, the defendant’s conduct must have been outrageous. Nevertheless, since victims sometimes win personal injury claims based in gross negligence, a claim for punitive damages based on an intentionalpersonal injury generally has a better chance than a claim based on negligence.
Even if you lose your punitive damages claim, however, you may still be entitled to compensatory damages.
Can I file an assault claim over a “road rage” car accident that caused an accident?
It depends. Since assault is an intentional offense, you would need to prove that the defendant intentionally injured you. If he was simply yelling and screaming at you, then lost control of his care and caused the accident, the accident cannot be said to be intentional. Nevertheless, you would still have a negligence claim against the defendant, which is likely to qualify you for much of the same compensation.
Can I claim punitive damages?
New York allows you to claim punitive damages in a personal injury case; however, they are only rarely granted. Punitive damages are designed to punish the defendant, not to compensate you. Nevertheless, if they are awarded at all, they are added to your compensatory damages (medical expenses, pain and suffering, etc.).
Time is Precious – Take Action Today.
When you are injured in an assault, it is time to fight back. Certainly, the defendant should be prosecuted and forced to pay his debt to society – but what about his debt to you? Contact Edwards Pottinger Law Firm at 800-400-1098 or fill out our online contact formto arrange a free consultation at our law offices, over the phone or by email to explore your options. We can even visit you in the hospital if you so require.
In addition to the Bronx, we can also work with clients in Westchester County, Staten island, elsewhere in New York City as well as nearby cities. And yes, you can afford us — we offer a free consultation, we charge no upfront fees – and if you don’t win, you owe us nothing for the entire case.
This web page was established for general information purposes only. It does not constitute legal advice or establish an attorney-client relationship.