Brooklyn Assault Injury Lawyer
Were you recently assaulted in Brooklyn, NY? Do you want to determine your legal options for pursuing compensation for the harm the assailant caused? If so, you can reach out to the legal team at Rosenbaum & Rosenbaum, P.C. We provide a free case review and can discuss your legal claim and options in confidence.
Our Brooklyn assault injury lawyers have over 40 years of combined experience helping victims secure compensation after they were injured by others. We aggressively negotiate for top-dollar results so our clients can confidently move forward to the next chapter of their lives. This approach has been quite successful, resulting in tens of millions of dollars for our deserving clients.
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How Our Brooklyn Personal Injury Attorneys Can Help You With a Civil Assault Claim
The Brooklyn assault injury attorneys at Rosenbaum & Rosenbaum, P.C. can help you pursue a civil claim against the party who harmed you. Our attorneys are well-respected in the legal field and know how to successfully resolve civil claims in our clients’ favor.
We have received such recognitions as America’s Top 100 Attorneys, The National Trial Lawyers Top 100 Attorneys, Super Lawyers, and membership in the Multi-Million Dollar Advocates Forum. We have also achieved a 10.0 Avvo rating, demonstrating our commitment to client service.
If you were injured in an assault in Brooklyn, New York, our experienced personal injury lawyers can:
- Listen to your story and offer personalized legal advice about your options for pursuing compensation
- Investigate the situation and gather evidence of the assault
- Identify all parties who may share responsibility for the assault, including premises owners who had negligent security measures that enabled the assault
- File claims with insurance companies
- Manage your claim paperwork and case deadlines
- Accurately document your injuries and damages to account for the full range of compensation you may be able to receive
- Aggressively negotiate for maximum compensation
- Pursue all applicable legal causes of action to maximize your recovery
Call our firm today to schedule a free case review with an experienced personal injury lawyer to learn more about how we can help.
What Is Assault?
Most personal injury claims are based on the legal concept of negligence, which means that someone carelessly caused another person’s harm by breaching some legal duty. In other words, the incident was an accident. Negligence applies to situations like car accidents and slip and fall accidents.
Assault involves intentional, rather than accidental, conduct. Assault can form the basis of a civil claim when a person intentionally causes another person to believe they are in imminent danger of harmful or offensive contact. They are afraid a battery will occur – even if it ultimately does not. This is because New York courts recognize the common law protection of a person to be free from unwanted or offensive touching, as well as the threat of it.
What Is My Brooklyn Assault Injury Claim Worth?
Every assault case is different, so there is no average amount of a civil assault claim. Assault cases involving a battery or injury will typically be worth more than those based on apprehension of harm alone.
Other factors that can affect the potential value of your case include:
- The type and severity of injuries involved
- The amount of medical expenses and lost income you incurred
- The extent of pain and suffering
- The defendant’s actions
- Whether punitive damages are awarded
- Whether the case goes to court or is resolved through an out-of-court settlement
- Whether you are represented by an experienced personal injury lawyer
We can give you a better idea about the potential compensation involved in your claim after we investigate it.
What Types of Injuries Can Assault Cause?
Assaults can result in devastating injuries if a battery is carried out or if a person tries to run to avoid it and is injured in the process.
These injuries are often traumatic and life-threatening and can include:
- Traumatic brain injury
- Permanent disability
- Spinal cord injuries and paralysis
- Permanent disfigurement or scarring
- Broken or dislocated bones
- Internal organ damage or bleeding
- Back and neck injuries
- Soft tissue injuries
If you suffered any injury because of another person’s wrongful misconduct, you can pursue compensation for the harm you suffered.
What Damages Can I Recover in a New York Assault Injury Case?
If another person assaulted you in Brooklyn, you have the right to seek compensation for different types of damages, including the following:
Economic damages are the dollar amounts you suffered because of the assault.
They compensate you for losses such as:
- Past, current, and future medical treatment
- Nursing care or personal aid
- Cost of therapy and counseling
- Lost wages
- Lost employment
- Future lost wages
Economic damages also include out-of-pocket expenses you incur, such as items bought over the counter or transportation to your medical appointments.
Non-economic damages are the losses you experience that cannot easily be tied to a specific dollar amount.
These damages provide compensation for losses such as:
Because these damages are difficult to quantify, it is important to work with a lawyer who can argue for maximum compensation for them.
Punitive damages are not intended to compensate the victim. Instead, they are intended to punish the defendant and deter similar conduct in the future. New York courts rarely award punitive damages, but they do when malice or cruel intent is involved, which assault often involves.
Why Do I Need My Own Lawyer If the Prosecution Is Handling the Assault Case?
Even if a prosecutor has charged your assailant, it is important to realize that the purpose and outcome of criminal cases are much different than civil cases. If there is an underlying criminal case, the prosecutor represents the people as a whole, not you specifically. Additionally, they strive to obtain a punishment of the defendant for their bad conduct rather than trying to make anything right for you on a personal level.
If you’ve incurred medical bills and other losses because of the assault, you can pursue compensation for these losses through a personal injury claim. The goal is to receive money to compensate you for your expenses and pain and suffering.
Criminal cases usually center around trying to get the defendant to serve jail time or pay a fine to the state. Your personal injury lawyer works specifically for you and will strive to get you as much money as possible for the harm you suffered.
It’s also important to note that even if the prosecution is unable to secure a conviction or ultimately decides to drop the charges, you can still pursue relief through a civil claim. Your case does not depend on a conviction. Additionally, the burden of proof is much lower in a civil case, so it is easier to prove than the high bar set by “proof beyond a reasonable doubt” that is required to secure a criminal conviction.
Who Is Responsible For My Assault Injuries in Brooklyn, NY?
Another reason why it’s important to hire a personal injury lawyer to represent you is to identify all parties who may be responsible for compensating you.
In addition to the assailant, other parties who may be responsible for your assault might include:
- Landlords or property managers whose negligent security allowed the assault
- Clubs or bars that overserved patrons and failed to step in when one started becoming aggressive
- Schools for failing to supervise staff or students
- Property owners whose negligence contributed to the assault
An experienced personal injury attorney in Brooklyn can review your case and determine who may be responsible for the harm you suffered.
What Do I Have To Prove To Win My Brooklyn Assault Injury Case?
You must be able to prove certain legal elements by a preponderance of the evidence, which is showing with greater than 50% certainty that the facts are as you allege.
The specific elements you must prove include:
- The defendant threatened you with violence
- The defendant wanted to make you afraid with the threat
- You reasonably feared imminent danger
- The defendant had the present capacity to carry out the threat
- You suffered some type of harm (damages)
Mere words are not enough to show assault in New York. The words have to be coupled with the present ability of the defendant to carry out the threat.
What Is the Deadline To File an Assault Injury Case in New York?
This does not give you much time to investigate the incident, determine all potentially liable parties, gather evidence of the assault, and calculate your damages. This is why it’s crucial to hire an experienced Brooklyn assault lawyer as soon as possible.
Schedule a Free Consultation With a Skilled Brooklyn Assault Injury Lawyer
If you were injured by another party’s conduct, whether that was due to intentional assault or negligent security, the Brooklyn assault injury attorneys with Rosenbaum & Rosenbaum, P.C. want to help. We can help you pursue compensation for the medical bills, physical injuries, pain and suffering, and other losses you experienced.