Can I sue someone who assaulted me?

I was brutally assaulted. There was a witness and a police report stating aggravated assault. I have already pressed charges on the guy. I had to miss 4 days of work and the medical bills are piling up. I had to get stitches and have a huge scare on my head. I was lucky he did not kill me. Can you please tell me what I can sue for? How much money needs to be involved to make it a good lawsuit? I have suffered medical damages, pain and suffering, lost wages, and now have to take regular medication.

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Answered By: Dwyer, Black & Lyle, LLP

Yes, you can sue someone who assaults you. You can also seek restitution from him as part of your criminal case and get help with your bills through the Crime Victims Board. Go see a personal injury attorney, they can assess your injuries to determine value. They can also look to see if there are other potential defendants. Beware, insurance coverage will be an issue under the intentional act exclusion.

Answer Applies to: New York
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ruiz Law Group, P.C.

Yes, you can sue someone who attacked you and if the case is won you would be awarded a judgment. However, actually collecting on a judgment against the person who attacked you may prove to be difficult if not impossible. Further, you would have to lay out the cost for suing the person first without any guarantee you could recover them.

Answer Applies to: New York
Replied: 10/30/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Jared Altman

The big question is if you get a judgment can you collect it against him? Does he have substantial assets? If not, then you're wasting your time.

Answer Applies to: New York
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Andrew T. Velonis, P.C.

Actually, you are not allowed to state an amount in the suit papers. You should sue in NYS Supreme Court "in an amount greater than the jurisdictional limits of all lower courts". He can demand to know what amount you will ask of the jury, and once you do, you cannot ask the jury for more (of course, the jury can give you any amount it wants, including zero). A good rule of thumb: add up all your medical bills and all of your loss of income, then multiply the total by five.

Answer Applies to: New York
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.