New York Assault Injury Lawyer

Local Assault Injury Attorney in New York

Being assaulted can lead to serious injuries. Whether the person who attacked you was charged with criminal assault or not, you may be able to file a civil claim for damages suffered as a result of the attack with the help of a New York assault injury lawyer.

Work With the Law Office of Brett J. Nomberg, PLLC

Attorney Brett J. Nomberg takes pride in providing personalized legal representation to all of his clients over the past 30 years.  He is available to clients seven days a week and always handles every case from start to finish. Our dedicated team never passes on your case to another law firm or associate. Attorney Nomberg has secured millions of dollars in settlements and verdicts across a wide range of cases, including assault cases. Let him help you with your assault claim by calling for a free consultation.

Reasons to Hire an Assault Injury Lawyer

New York State has a violent crime rate of 380 crimes per 100,000 people as of 2024. Of those crimes, 68.3% were aggravated assaults. According to the same source, in 2024, the assault rate increased year-over-year by 1.4%. What these statistics indicate is that the Empire State has a serious problem with violent attacks. If you’ve been the victim of an assault, you can hire an assault injury lawyer to help you recover compensation.

Your New York assault injury attorney can help you identify the liable parties in your case, making it possible to recover fair compensation for your injuries. They can gather evidence and witness statements to prove your claim, negotiate a fair settlement with the liable party’s insurance company, and handling the details of your case so that you can focus on healing and moving forward.

Criminal vs. Civil Assault Cases

There is a difference between criminal and civil assault cases. While criminal assault penalties are intended to punish the person or people who committed the crime, civil cases are intended to compensate the victims of assault for the injuries they have suffered.  An assault in the criminal law is the actual physical attack but in the civil law, an assault means the threat of imminent bodily harm.  When the actual physical attack occurs on a person, it is called a “battery” in the civil law in New York.

Damages in Civil Assault Cases

In civil assault cases, plaintiffs may be awarded damages to compensate them for their losses. These damages may include:

• Medical expenses
• Lost income
• Emotional distress
• Pain and suffering
• Loss of Quality of Life
• Other non-economic damages

Plaintiffs may also be eligible to receive punitive damages. Punitive damages are somewhat different from compensatory damages in that they are intended to punish the wrongdoer and deter further misconduct, not to compensate the victim.

What’s Considered an Assault and Battery in New York?

In New York, an assault requires intentional threat to cause bodily harm, and the battery is when the actual bodily harm occurs.  Any actual physical contact that is unwanted can be considered a battery. 

What to Do After Being Assaulted?

The steps you take after being assaulted can have an impact on your civil claim. You should:

• Seek medical care. Your first priority should be to seek medical care for your injuries. Seeking prompt medical care won’t just help you prioritize your well-being, but can also help you avoid issues with parties claiming that your injuries are not related to the incident, but occurred somewhere else. Medical documentation giving an accurate history close to the time of the accident can always help prove your case.
• Gather evidence. Take pictures of your injuries and any property damage that occurred.  Talk to witnesses who saw the assault to get their contact information. If you are aware of any surveillance video, that can help provide unrefuted evidence of what occurred to help your case.
• Contact an experienced personal injury lawyer who practices New York Assault cases.

It is also very important to report the assault to the police. This will commence a criminal investigation that a New York assault injury attorney can use to help your civil claim.

FAQs

What type of Assault and Battery cases are usually taken by a New York Personal Injury Lawyer?

1) Assaults by intruders in buildings – When a person is assaulted by an intruder, a landlord or property owner may be responsible for negligently providing security.  The owner and property managers have a duty to provide reasonable protection against intruders that are foreseeable.  Examples include locks on the front doors of apartment buildings that are not locked or secured to allow intruders to enter the building.

2) Assaults against Students in a School – When a child is assaulted by another student, the school may be responsible for providing inadequate supervision.  To prove a lack of supervision, the school will be required to have some notice of a foreseeable risk of injury, or engaged in some act to have caused or created the unsafe environment.

3) Assaults in a Bar by a Bouncer – When a patron of a bar is struck by a bouncer, the bar itself may be legally responsible for the conduct of its agents or employees.  Security in a bar can only use reasonable force under the circumstances, and striking a person because they said something inappropriate would not be a legitimate reason to cause physical harm.

What are some of the difficulties with assault and battery cases in New York?

One issue with assault and battery cases is that most general liability insurance policies will not cover intentional acts.  Unless the attacker is independently wealthy or was engaged in the scope of his employment at the time, it can be difficult to get a recovery against a person who strikes another person.  Cases involving bouncers who use unreasonable force are an exception because they are employed by the bar or restaurant and the employer will likely have insurance coverage.  Likewise, when there is an attack by an intruder in an apartment building, the owners usually have liability insurance to cover negligent acts and inadequate security.

Can You File a Claim Against Someone for Assault and Battery in New York without a criminal arrest or conviction?

You can file a claim against someone for assault and battery in New York regardless of whether an arrest or criminal conviction is secured. However, a criminal arrest and conviction can establish facts as a matter of law that will help the civil case.  Further, any statements by the attacker in a plea agreement can be used against him in a civil case.

Your New York Assault Injury Lawyer

30 Years of Beating NY’s Largest Defense Firms

Big Firm Results. Personal 24/7 Attention.

Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.

Call Now for a Free Consultation

(212) 808-8092

Serving NYC, Long Island, Westchester, and All of New York State. Available 24/7.

If you’ve been assaulted in New York State, a New York assault injury lawyer can help you hold the person who attacked you civilly liable for damages you have suffered. The team here at the Law Office of Brett J. Nomberg, PLLC, has extensive knowledge of civil assault laws and the experience to help you succeed in your claim. We have worked with injured people throughout the state, helping to hold attackers accountable for the damages they cause.  Contact us to schedule an initial consultation regarding your civil assault case today.