Queens Assault Injury Lawyer

Queens Assault Injury Lawyer

Have you recently been the victim of an assault in Queens, NY? While your attacker may face criminal charges for hurting you, that won’t help cover the costs of your medical care or make up for your suffering. Fortunately, the Queens assault injury lawyers at Oresky & Associates, PLLC can help you file a claim for damages to hold them accountable.

Since 1992, our law firm has been a leader in personal injury litigation in Queens, New York. Putting more than 30 years of experience behind every case, we’ve helped clients like you win over $400 million in life-changing financial awards.

Don’t let the person responsible for your attack off the hook. Get our award-winning trial attorneys in your corner and fight to get the compensation you deserve. We offer a free case evaluation and are standing by to take your call right now at at (718) 993-9999.

How Oresky & Associates, PLLC Can Help If You’ve Been the Victim of an Assault in Queens, NY

An assault can leave you struggling with severe, catastrophic injuries. It can cause significant psychological damage and prevent you from enjoying your life. These aren’t consequences you should have to deal with on your own. The person who assaulted you must be held accountable, and our injury lawyers are here to make that happen.

We will aggressively pursue compensation on your behalf, seeking damages from your attacker and anyone else who may share responsibility for your assault.

While you have the time you need to rest and recover, our top-rated litigators will:

• Oversee an independent investigation into your assault
• Gather evidence, including police reports, arrest records, video footage, photographs, medical records, and more
• Interview witnesses who may have seen the attack and can corroborate your story
• Determine who, other than the person who physically attacked you, may be liable for your injuries
• Consult with medical experts, rehabilitation professionals, forensic specialists, and other expert witnesses who can add value and strength to your claim for damages
• Handle any challenges or issues that a related criminal assault case may pose
• Negotiate with insurance companies and the attacker’s defense counsel to secure a meaningful payout on your behalf
• Litigate your assault injury case in front of a jury in Queens if negotiations aren’t successful

Our law firm works on a contingency fee basis, so there’s no upfront cost to get our help. You only pay if we win your case. Get in touch to arrange a free, no-obligation case evaluation and learn more today.

What is Assault in New York?

In New York, assault is both a crime and a tort. A tort is the basis for personal injury lawsuits and gives victims the right to demand accountability and compensation for injuries. So, if another person attacks you, they could face criminal charges and be sued for causing your injuries.

New York has two separate torts that can apply to situations like these: assault and battery.

Assault involves the imminent apprehension of fear of bodily harm or violence. Battery involves harmful or offensive physical contact.

So, you can have an assault injury case even if you are not physically wounded or touched by another person.

Under New York State law, all that is required for assault is that another person made a threat of violence against you, intended to provoke fear, and had the present ability to cause harm. Words are not enough to be considered assault. There must be some physical gesture and an accompanying ability to carry through with the threat.

If the person follows through and attacks or hits you, they’ve committed civil battery. If you bring an assault injury claim, you would include both torts in your personal injury case.

What’s My Queens Assault Injury Case Worth?

Ultimately, the value of your assault injury case might depend on whether you were the victim of battery, too. The more significant your physical injuries and the greater the impact the assault has on your life, the more your related personal injury claim will typically be worth.

While every case is different, many factors will be used in the valuation process:

• What types of injuries have you suffered?
• Have you been physically harmed or only suffered emotional trauma?
• How have you been impacted psychologically by the trauma of your assault?
• Did the attack aggravate any pre-existing medical conditions?
• Are you able to continue working?
• Do you share responsibility for your injuries or trauma in any way?

You also need to factor in your age and earning capacity.

The best way to know how much money you might be able to get in an assault injury case is by discussing your situation directly with an experienced personal injury attorney in Queens, New York. Oresky & Associates, PLLC is standing by to take your call now.

What Damages Are Available If I’ve Been Assaulted in New York?

You can recover both economic and non-economic damages for your injuries in a civil assault case.

• Economic Damages

  Economic damages are paid to offset the monetary costs and losses you experience because of the assault injury.

  Examples include:

  • Present and future medical bills
  • Lost wages and income
  • Disability
  • Nursing care
  • Therapy
  • Rehabilitation
  • Property damage

• Non-economic Damages

  Non-economic damages are intended to compensate for the trauma and anguish you experience as the victim of assault and battery.

  Examples include:

  • Post-traumatic stress disorder (PTSD)
  • Loss of enjoyment of life
  • Reduced quality of life
  • Mental anguish
  • Disfigurement
  • Embarrassment
  • Pain and suffering

• Punitive Damages

  Punitive damages may also be awarded in some civil assault injury cases. Punitive damages can apply when a defendant’s conduct is intentional or malicious. This means that an intentional tort like assault is a candidate for these additional damages.

Who Can Be Liable For an Assault in Queens?

Your attacker isn’t the only person who may be financially responsible for your injuries and trauma after an assault in Queens.

Other potentially liable parties can include:

• Business owners
• Management
• Property owners
• Landlords
• Schools
• Teachers
• Daycare centers
• Coaches
• Clergy
• Religious institutions
• Bar and nightclub owners

In New York, you can potentially hold anyone accountable for an assault if it resulted from negligent security. Property owners are responsible for ensuring that guests and visitors are safe and free from foreseeable criminal activity. If they are negligent in maintaining their property, you may have a claim under New York State premises liability law.

Assault and Battery Can Cause Severe, Catastrophic Injuries

When you are attacked by another person, the physical and emotional consequences can be catastrophic.

Oresky & Associates, PLLC is here to help you if you’ve been assaulted and sustained:

• Broken bones
• Traumatic brain injury
• Spinal cord damage
• Burns
• Paralysis
• Amputation
• Soft tissue damage
• Nerve damage
• Lacerations
• Crushing injury

If you’ve lost a family member in a fatal assault and battery, our Queens wrongful death attorneys can help you seek financial justice for your devastating loss.

How Long Do I Have to File a Claim After an Assault in Queens, New York?

Civil assault and battery claims in New York are subject to a one-year statute of limitations. This is significantly less time than is available for personal injury lawsuits based on negligence, where victims typically have three years to take action.

If you let more than 12 months go by without filing a civil assault injury claim, you will forfeit your right to do so.

Keep in mind that pending criminal assault and battery charges can affect how long it takes to resolve your civil assault case. The civil proceeding can be tolled, or put on hold, until the related criminal case is resolved. But, you still must have your initial claim filed within 12 months to preserve your right to damages.

Arrange a Free Consultation With an Experienced Queens Assault Injury Lawyer

Have you been a victim of an assault and battery in Queens, New York? If so, do not let your attacker off the hook or walk away without consequence. Criminal charges won’t make things right for you. Our Queens assault injury attorneys can work to get you a maximum financial recovery.

Our law office provides a free case assessment and is available to take your call 24 hours a day, seven days a week. Contact Oresky & Associates, PLLC to arrange a time for yours now.