New York City Assault & Battery Injury Lawyer

Physical attacks leave more than visible injuries. Medical bills accumulate, work becomes impossible, and the psychological aftermath of being deliberately hurt by another person carries its own weight. A New York City assault and battery injury lawyer pursues civil accountability for what happened to you, separate from and alongside any criminal case that may be underway. At Cohan Law Firm, we represent people across Manhattan, Brooklyn, the Bronx, and Queens who were harmed through intentional violence, and we work to recover compensation for the full scope of what that harm has cost them.

Civil Claims After an Attack: How This Differs from the Criminal Side

When someone physically attacks you, two separate legal tracks exist. The district attorney may file criminal charges against the person who hurt you. That case belongs to the state, and you have no control over its outcome. A civil injury claim, by contrast, belongs to you. You decide whether to pursue it, and any recovery comes directly to you rather than to the government.

Battery in civil law means any intentional harmful or offensive contact with your person without your consent. Assault covers the intentional act that put you in reasonable fear of that contact. You do not need a criminal conviction to succeed in a civil case. The standard of proof in civil court is a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible. This is a meaningfully lower threshold than the beyond-a-reasonable-doubt standard used to convict someone criminally. Cases that end in acquittals, plea deals to lesser charges, or prosecutorial decisions not to charge at all can still support valid civil claims.

Criminal courts focus on punishing the perpetrator. Civil courts focus on making you whole. Those are different goals, and the civil process exists precisely to serve people who were physically harmed through someone else’s deliberate conduct.

Who Bears Liability Beyond the Individual Who Attacked You

Identifying the person who struck or assaulted you is usually straightforward. What requires careful legal analysis is whether other parties share responsibility for the conditions that made that attack possible.

Property owners in New York have a duty to maintain reasonably safe premises, which includes providing adequate security in foreseeable circumstances. If you were attacked in a poorly lit parking garage, an understaffed nightclub, a hotel with broken door locks, a building lobby with a non-functioning security system, or a subway station where the platform had known safety problems, the property owner or manager may bear liability for failing to prevent a foreseeable assault. These claims fall under negligent security, a doctrine that has produced substantial recoveries for assault victims across New York City.

Employers can also bear liability when an employee commits an assault in the scope of their employment, or when a business retains an employee it knew or should have known posed a risk to others. Bars and establishments that over-serve alcohol to a visibly intoxicated patron who later attacks someone face their own exposure under New York’s dram shop framework. In situations involving bouncers, security guards, or other individuals acting in a professional capacity, the employing entity is often a more financially meaningful defendant than the individual.

Identifying all responsible parties is not a procedural formality. It directly affects what compensation is actually recoverable.

Damages in Assault and Battery Civil Cases

The injuries from a deliberate physical attack often differ in character from those in car accidents or slip-and-fall cases. The treatment trajectory can be longer, the psychological component is frequently more severe, and the circumstances of the attack itself can complicate recovery in ways that differ from accidents.

Compensable damages in these cases include emergency medical treatment, surgeries, hospitalization, follow-up care, physical therapy, and any ongoing medical needs tied to the injuries. Facial fractures, orbital injuries, broken bones, traumatic brain injuries, spinal injuries, lacerations requiring reconstructive work, and dental injuries all generate real costs that should be documented meticulously from the start.

Lost wages and lost earning capacity matter significantly. Someone who works a physically demanding job, whose injuries prevent them from returning to that work, faces economic losses that extend well beyond the initial recovery period. Establishing those losses requires documentation that a civil attorney helps compile and present.

Pain and suffering damages recognize that the physical experience of being violently attacked carries its own harm. Psychological injuries in assault cases, including post-traumatic stress, anxiety, depression, and changes in daily functioning, are real damages with real value. Courts and juries in New York understand that being deliberately hurt by another person causes a different kind of harm than accidental injuries, and civil damages can reflect that distinction. In cases involving particularly egregious conduct, punitive damages are also available under New York law to punish intentional wrongdoing.

Where These Cases Arise in New York City and What That Means for Your Claim

New York City’s density creates environments where assaults happen in ways that frequently implicate third-party liability. Nightlife venues throughout Manhattan and Brooklyn generate a significant share of these cases, both through altercations on premises and incidents in adjacent areas. Transit-related assaults, including attacks on subway platforms, in subway cars, and at bus stops, raise questions about the MTA’s security practices and what obligations it had in locations with documented safety concerns. Assaults in apartment buildings, housing complexes, parking structures, and commercial retail spaces often involve property owners who could have done more.

Filing against a public entity like the MTA or the City of New York requires serving a notice of claim within 90 days of the incident. This deadline is strict, and missing it typically forecloses your claim against government defendants. If your attack occurred in a city-owned or MTA-operated location, the clock starts the day of the incident. This is one reason why beginning the legal process promptly matters in cases involving public spaces.

The Bronx, Queens, and all five boroughs present their own patterns of venues and responsible parties. The legal principles apply across the city, but the specific facts of where and how an attack happened shape which defendants are viable, what evidence exists, and which legal theories are most supported by what actually occurred.

Questions We Hear From Assault and Battery Injury Clients

Does the person who attacked me have to be convicted for me to win a civil case?

No. A criminal conviction is not a prerequisite for a civil claim. The standards of proof are different, and many successful civil cases proceed even where criminal charges were reduced, dismissed, or not pursued at all.

What if the attacker has no assets or money to pay a judgment?

This is a real concern, and it’s one reason identifying all liable parties matters so much from the beginning. Property owners, employers, security companies, and other entities often have insurance policies and assets that make recovery meaningful even when the individual attacker does not.

Can I bring a civil claim if I was partially at fault for the altercation?

New York follows a comparative fault framework, meaning your damages may be reduced in proportion to any fault attributed to you, but a civil claim is not automatically barred unless your share of fault exceeds 50 percent. The specific facts matter, and this is something to discuss with an attorney who knows your situation.

How long do I have to file an assault and battery civil lawsuit in New York?

The general statute of limitations for intentional torts in New York is one year. For negligent security claims against private parties, the standard personal injury limitation of three years typically applies. Claims against government entities require a notice of claim within 90 days and a lawsuit within one year and 90 days. Getting the right legal framework identified early is essential to preserving your options.

What evidence helps in these cases?

Security camera footage is often the most important evidence in assault cases, and it disappears quickly. Incident reports, medical records documenting the nature and timing of your injuries, witness information, police reports, and records of prior incidents at a location all contribute meaningfully. The sooner evidence is preserved, the stronger the foundation for the claim.

Will I have to testify about what happened to me?

Providing your account of events is a normal part of civil litigation, typically first in a deposition and potentially at trial. An attorney prepares you for this process and works with you throughout it. Most civil cases resolve before trial, but preparation matters regardless of how the case ultimately concludes.

What if the attack happened at my workplace?

Workplace assaults can involve multiple overlapping legal avenues, including a civil claim against a negligent employer or third party, depending on who was responsible and how the attack occurred. Workers’ compensation may cover medical expenses and lost wages in some circumstances but typically does not cover the full range of damages available in a civil action.

Speak With Cohan Law Firm About Your Assault Injury Case

Cohan Law Firm has recovered over $100 million for injury victims across New York City, and we represent clients in Manhattan, Brooklyn, the Bronx, Queens, and beyond on a no-win, no-fee basis. If you were physically attacked and are dealing with the medical, financial, and personal fallout, speaking with a New York City assault injury attorney costs nothing upfront. We handle the legal work while you focus on recovering. Hablamos Español. Contact us today to schedule your free and confidential consultation with our team.