Violent Assault Injuries

If You Were Violently Assaulted, Get an Experienced, Fierce Personal Injury Attorney On Your Side

Though the term "assault and battery" can refer to street crimes and violent attacks suffered by people who were mugged, robbed, beaten, shot, stabbed or raped, it also can refer to many injuries beyond the obvious. If you've come to this page, you or a loved one most likely suffered injuries caused by another person's violent actions, but the circumstances may not have been typical. Perhaps you were in the wrong place at the wrong time and have broken bones after getting accidently punched by a drunk in a bar brawl. Maybe you were struck by a chair someone threw in anger at a party. Or at a baseball game a fan of the opposing team pushed you over a rail during an argument, leaving you with a severe spinal cord injury.

What is Considered Assault?

Assault is generally an intentional act by one person that causes physical harm to another person. The most common types of assaults we see in New York include:

• Simple assault: This involves threats or physical actions that cause another person to fear imminent bodily harm.
• Aggravated assault: This is a more serious form of assault, involving a threat or physical action with the use or display of a weapon, or an assault resulting in serious bodily injury.
• Sexual assault: This involves a non-consensual sexual act or behavior committed by physical force, coercion, or abuse of authority.
• Assault with a deadly weapon: This specific type of aggravated assault involves the use of a weapon which could potentially lead to serious bodily injury or death.
• Domestic assault: This occurs when the assailant and the victim are current or former spouses, cohabitants, or have a familial relationship.

What is the Difference Between Battery and Assault?

Assault and battery are closely related but distinct legal terms. Assault refers to the act of threatening or attempting to inflict physical harm on someone. This creates a reasonable fear of imminent violence in the victim. No physical contact is necessary for an action to be considered assault.

Battery, on the other hand, involves the actual physical contact. It occurs when one person intentionally touches or strikes another person against their will, or otherwise subjects them to physical contact that is offensive or harmful. This can be an unprovoked attack, mugging, or a confrontation that escalates.

Who Can You Sue for Assault and Battery?

The party you can sue depends on where the assault and battery happened and the circumstances surrounding it. The parties you may be able to sue include:

• Employers: If the assault and battery happened in the workplace during the course of your employment, your employer may be liable under the legal doctrine of “vicarious liability.”
• Property owners: Under premises liability laws, property owners and occupiers can sometimes be held responsible if the assault and battery occurred on their property.
• The assailant: The most direct party you can sue is the individual who committed the assault and battery. However, this may be a limited avenue for seeking compensation.

Can You Sue a Bar if Assaulted by a Drunk Patron?

You can potentially sue a bar if you’re assaulted by a drunk patron under certain circumstances. This is often based on the concept of “dram shop laws,” which hold alcohol-serving establishments accountable for serving alcohol to visibly intoxicated persons or minors who then cause harm to others.

To successfully sue a bar under these laws, you would need to demonstrate that the bar negligently served alcohol to the patron who was already visibly intoxicated, and that this negligence was a direct cause of your injury.

Assault and Battery Can Take Many Forms-Let Us Fight Back on Your Behalf!

Sometimes it's not only the perpetrator that we as your personal injury attorney can name in a lawsuit. If negligent security left your apartment building door unlocked or poor lighting in a shopping center parking lot encouraged a guy to follow you to your car and attack you, the property owner may be liable as well. We can pursue compensation from his or her premises accidents liability insurance, so that you get the settlement you need to cover medical expenses and even lost wages, if necessary.

If you were hurt by a mugger, robber, rapist or other violent person, you need an experienced assault lawyer who will pursue all the compensation you need and deserve. Call Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP toll-free today at (800) 692-3717 or contact us online for a free evaluation. Every conversation is confidential and personalized, and you pay nothing unless you win. We help assault victims in New York get the compensation and closure they need and deserve.