Rosenbaum & Rosenbaum, P.C. | August 2, 2020 | Personal Injury
According to NYPD Chief of Department Terence Monahan, the violence caused by the Brooklyn Bridge attack was the result of an anarchist group that has inserted itself into the Black Lives movement.
The Chief referred to the protests after George Floyd as a legitimate movement. However, the movement is being “hijacked by these anarchists,” who are the people attacking police officers. He said that the anarchists are “hiding” behind the peaceful protestors in the city.
Chief Monahan was discussing an incident that occurred on the Brooklyn Bridge on Wednesday, July 15. A man was caught on camera using a cane to strike police officers who were arresting a counter-demonstrator. Photos surfaced showing the police officers bloodied by the attack.
Two men, both 25 years of age, were arrested and charged with attacking three police officers. One man faces a charge of criminal possession of a weapon, in addition to assault charges.
According to Chief Monahan, he received several punches a few times and he has bruises on his body, but he did not sustain any broken bones. However, one of the police officers had to have eight staples in his head. Another officer sustained a broken orbital bone.
Investigators are searching for the man that was striking officers with a cane. He has yet to be identified by law enforcement officers.
Assault and Personal Injury Claims
A person who assaults another person can face criminal charges for the assault. However, that person can also be held liable for injuries and damages caused by the assault. The assault victim can file a personal injury claim seeking compensation for damages caused by the assault.
The criminal case and the civil case are separate cases. Even if the police do not arrest the person committing the assault or the court dismisses the criminal charges, the victim may still recover compensation in a civil claim.
Damages that might be included in a personal injury claim for assault are:
- Cost of medical treatment and care
- Loss of wages, benefits, and income
- Physical injuries, pain, and suffering
- Emotional distress and mental trauma
- Permanent disabilities and disfigurement
- Future lost wages and medical care
- Loss of quality of life and enjoyment of life
In some cases, employers and other parties could be held liable in assault claims. For example, if a staff member in a nursing home assaults a patient, the nursing home could be held liable for damages caused by the assault.
Naming all parties who might have potential liability for an injury claim increases the amount of compensation the victim might receive for the claim.
Injuries Caused by an Assault
The injuries caused by an assault vary from bruises to life-threatening conditions. When the assault involves the use of a weapon, the injuries can be catastrophic.
Injuries that assault victims might sustain include but are not limited to:
- Organ damage
- Spinal cord injuries
- Traumatic brain injuries
- Fractures and broken bones
- Facial injuries
- Back and neck injuries
- Soft tissue injuries
- Disfigurement and scarring
- Loss of limbs
Immediate medical treatment can help prevent injuries from becoming worse. Also, prompt medical treatment helps strengthen a person’s claim for damages.
Workers’ Compensation Claims and Third Party Claims
A person injured on the job is generally entitled to workers’ compensation benefits. Workers’ compensation benefits include medical treatment for injuries and partial income reimbursement. However, workers’ comp benefits do not reimburse or compensate an injured employee for all damages and losses caused by the injury.
Workers’ compensation laws prevent injured employees from suing their employers for additional damages in most cases. However, it does not prevent a worker from suing third parties for negligence claims. A third party claim can provide additional compensation for the worker, which can be very helpful when workers sustain permanent disabilities because of a workplace accident.
Third party claims for workplace injuries may result from a variety of situations. Some common third party claims include, but are not limited to claims for:
- Defective products
- Negligence by subcontractors or other parties
- Injuries from a motor vehicle accident caused by another party
- Injuries caused by co-workers or other parties on the job site
- Assaults by other individuals
- Falls and other premises liability accidents while on another person’s property
- Construction site accidents
Injured employees can file workers’ compensation claims and third party claims. They do not need to choose between the two claims. Workers hurt on the job can talk to a personal injury lawyer to determine if the worker has a third party claim.