Bronx Assault Injury Lawyer
Were you recently injured in an assault in the Bronx? Even if your assailant is not charged criminally, you may have a right to compensation and recovery of your medical expenses, lost wages, and pain and suffering.
The Bronx assault injury lawyers at Rosenbaum & Rosenbaum, P.C., can help you get the money you deserve. We have 40+ years of experience fighting for injured clients and have recovered tens of millions in settlements and verdicts on their behalf.
Contact our law office today to learn how we can help you, too. We offer a free consultation, so there’s no risk in reaching out.
How Can Rosenbaum & Rosenbaum, P.C., Help After an Assault Injury in the Bronx?
We can help you get the compensation you deserve, even if your assailant is not formally charged with assault and battery. Our experienced Bronx personal injury lawyers will work tirelessly to hold your assailant accountable for their actions.
We know that after an assault injury, you may be feeling vulnerable. For many reasons, including the negative perception of personal injury cases, you may be hesitant to file a claim. Even if you do, be warned that insurance companies don’t make it easy to get compensation for your assault injury.
When you hire our award-winning legal team to file a claim on your behalf, here’s what you can expect:
- Full-service legal representation. When we represent a client in connection with a personal injury claim, we understand that their physical condition and quality of life are on the line. To support full physical recovery, we handle all administrative matters in your Bronx assault case, from phone calls to filing paperwork.
- In-depth investigation. Whether you were involved in a rowdy bar fight or the victim of a criminal endeavor, we will get to the bottom of the incident that led to your assault in the Bronx.
- Careful identification of at-fault and liable parties. Depending on the location and circumstances surrounding your incident, there may be multiple parties to be held accountable for your assault injury. Our Bronx assault injury lawyers will work with New York City law enforcement agencies to gather information needed to determine who is responsible to compensate you for your losses.
- Stringent negotiation and, if necessary, litigation. Our law office is full of attorneys that focus on personal injury cases. We understand how to negotiate with insurance companies based on the severity of the injuries and the certainty of liability. If we can’t get a settlement that’s fair for you, we take your case to trial.
New York state law limits how long a personal injury victim has to file a claim against their assailant. It is recommended that you establish an attorney-client relationship as soon as possible after an injury.
Our Bronx personal injury attorneys are available 24/7 to set up a free consultation. Reach out to our office today to learn about your legal rights to compensation for your injuries.
When Might I Have a Civil Assault Claim in the Bronx?
Assault injuries can result from typical situations in the Bronx, Queens, and Staten Island, such as:
- Assault with a dangerous weapon
- Bar or nightclub fights
- Street brawls
- Police misconduct
- Domestic disputes
An assault claim might also arise if you are the victim of criminal activity, such as a robbery.
Overview of Assault Injuries
Assault occurs when another person places you in reasonable fear of an imminent harmful or offensive contact. This means that another person’s actions caused you a genuine fear about your physical safety at the time of the assault.
To prove an assault case, you have to establish:
- The assailant made a threat or attempt to cause physical harm
- The assailant could inflict physical harm at the time
- As a result of the assailant’s acts, you had a reasonable fear you would be hurt
Proving an assault does not require a showing of physical contact. Instead, the question is whether a reasonable person in your situation would fear harm from the assailant.
A battery happens when an assault succeeds.
In other words, to show a battery, the following must be proven:
- The assailant intentionally touched you or contacted you in some way
- The contact was offensive or harmful to you
- You did not consent to the contact
Offensive touches can include spitting and spilling noxious liquids. If you can prove a battery claim, you can also likely prove an assault claim.
Who Can Be Held Responsible for Assault Injuries in the Bronx?
Depending on the situation, more than one person may be held responsible for your Bronx assault injuries.
Potentially liable parties include:
Any person who physically assaults you can be held personally responsible for the injuries you sustain as a result of their attack.
Bars, Nightclubs, and Property Owners
You may have a claim against a property owner if you were attacked on someone else’s property. In New York state, property owners have a duty to take certain steps to protect visitors and guests from violence at the hands of third parties, if the violence is reasonably foreseeable.
This means property owners have to undertake security measures to protect a person from likely or probable harm. If you were injured on another person’s property, you may have the right to file a claim based on the property owner’s negligent security.
Likewise, your landlord has a duty to maintain reasonably safe premises. Your landlord’s failure to do so can leave them open to liability.
Unfortunately, in New York City and in schools across the country, child injuries are often caused by fights. If your child was assaulted or bullied at school as a result of lax school supervision, the school may be responsible.
When you suffer an assault injury, it may be tempting to chalk it up to bad luck or a rowdy crowd. But, in many cases, one or more parties may be held legally responsible for your assault injury.
What is My Assault Injury Case Worth?
The value of a personal injury claim or a wrongful death claim depends on several factors. One factor is the severity of the injury. Outside factors may also impact the value of a settlement, as well as the likelihood of reaching a settlement.
For Bronx assault victims who are seriously injured, it can be a relief to know that more severe injuries often lead to higher-value settlements.
Injuries that required multiple medical appointments or medical specialists, like surgeons, to treat them can lead to costly medical bills. The length of treatment is also considered in determining the value of pain and suffering awards.
Outside factors, like publicity, the certainty of liability, and litigation costs can also impact the potential for settlement. For high-publicity cases where the insurance companies understand they will be liable for the injuries, our attorneys will be more likely to obtain higher settlement awards.
On the other hand, if the insurance company takes the position that liability is questionable, the likelihood of settlement may be lower.
What Compensation Can I Recover for My Assault Injury in the Bronx, NY?
Compensation is designed to make an injured person whole, or put them back in the position they were in before their injuries. There are two components to legal compensation, also called damages. They are: economic and non-economic damages.
Economic damages are meant to restore an injury victim to their previous financial position and reimburse for things like:
- Medical expenses
- Lost wages, and
- Physical rehabilitation or long-term care expenses.
Non-economic damages are those that are not easily countable as a monetary figure. They usually cover:
- Pain and suffering
- Emotional distress
- Disfigurement, and
- Loss of enjoyment of life.
These kinds of damages can be less valuable than economic damages, in part, because they are more difficult to quantify. We’ll bring in experts to help us get it right.
How Long Do I Have to File an Assault Lawsuit in New York?
In New York, the statute of limitations for personal injury claims is three (3) years. This means that a person injured in an assault in the Bronx (or Queens, Staten Island, or any other location in New York state) has only three years from the date of their injury to file a claim.
For wrongful death claims, the statute of limitations is only two (2) years. Once the statute of limitations has passed, it is an expired deadline. An injured victim can lose their right to recovery forever if the personal injury claim is not timely filed.
Contact Our Bronx Assault Injury Lawyers Today
It is recommended that an injury victim establish an attorney-client relationship as soon as possible after an injury occurs. It can take some time to investigate, collect evidence, and develop a legal strategy, so it’s important to move quickly following an injury. Reach out to our Bronx assault injury attorneys today for a free consultation.