Step-by-Step Guide to Filing a Civil Assault Claim in New York

Disclaimer: This article provides general information about New York law and is not legal advice. If you need legal advice about your specific situation, consult a licensed attorney.

Detailed Answer: What to expect and the steps to take

1. Quick overview of the legal basis

In New York, a civil claim for assault is an intentional-tort action. A civil assault claim may seek money damages for physical injuries, emotional harm, medical costs, lost earnings, and sometimes punitive damages. The criminal law definition of assault is in the Penal Law; the criminal statutes describe degrees of assault but do not control the civil claim. For criminal definitions, see N.Y. Penal Law § 120.00 et seq.: https://www.nysenate.gov/legislation/laws/PEN/120.00.

2. Immediate safety and evidence steps (first 24–72 hours)

• Get to a safe place. If you are in immediate danger, call 911.
• Seek medical attention even for minor injuries. Medical records are often key evidence for both liability and damages.
• Report the incident to police and obtain a copy of the police report number.
• Preserve physical evidence (clothing, photographs of injuries and the scene, broken items).
• Collect contact information for witnesses and record their accounts as soon as possible while memories are fresh.

3. Important deadlines — statute of limitations

New York sets time limits to start civil lawsuits. For most personal-injury and intentional tort claims, the statute of limitations is governed by the Civil Practice Law & Rules (CPLR). See CPLR § 214 for time limits that apply to actions to recover damages for personal injury: https://www.nysenate.gov/legislation/laws/CPLR/214. You must file within the time limit or you risk losing your right to sue.

4. Who can sue and who can be sued

The injured person (the plaintiff) normally brings the suit. In some cases, a parent or guardian sues for injuries to a minor or an estate sues for a deceased person. You can sue the individual who committed the assault. You may also be able to sue other parties under certain conditions — for example, an employer under a theory of vicarious liability if the assault occurred during employment, or a property owner if negligent security contributed to the assault. Each theory has different legal requirements and proof standards.

5. Choosing the right court and starting the case

Which court you file in depends on the dollar amount you seek and where the incident happened. In New York State:

• Many counties use the Supreme Court for personal-injury lawsuits (Supreme Court is the trial court of general jurisdiction).
• In New York City, civil actions under certain amounts may be brought in the Civil Court; small claims court handles smaller dollar claims (check local court limits).

To start a lawsuit you generally file a summons and complaint (civil pleading) and then serve the defendant with those papers following the CPLR rules for service.

6. What you must prove in a civil assault claim

Although exact elements vary by theory (assault, battery, intentional infliction of emotional distress), common elements include:

• An intentional act by the defendant;
• The act caused you to reasonably fear imminent harmful or offensive contact (for assault) or caused harmful/offensive contact (for battery); and
• Damages — physical injury, emotional harm, medical expenses, lost earnings, or other losses.

7. Evidence and discovery

Key evidence includes medical records, photographs, police reports, witness statements, surveillance video, and communications (texts, emails). During litigation you can use discovery tools — document requests, interrogatories, depositions — to obtain relevant evidence from the other side. Preservation letters may help ensure evidence is not destroyed.

8. Settlement vs. trial

Most civil assault cases settle before trial. Settlement negotiations can occur at any stage. Consider settlement offers carefully and discuss them with counsel. If you reject reasonable offers and lose at trial, you could be responsible for your own costs. If the case goes to trial, you will present evidence and witnesses; the judge or jury will decide liability and damages.

9. Judgments and collecting money

Winning at trial results in a judgment for money damages. Collecting that judgment is a separate process: post-judgment remedies include wage garnishment, bank execution, and liens. If the defendant has limited assets or is judgment-proof, collecting may be difficult even after winning.

10. Practical considerations and costs

• Attorneys in personal-injury and intentional-tort cases often work on contingency fees (a percentage of recovery). Confirm fee structure in writing.
• Litigation costs include filing fees, service fees, expert fees, and costs for depositions and discovery.
• Insurance may cover the defendant’s liability (for example, an employer’s or property owner’s liability insurance). Identifying potential insurance coverage early helps settlement strategy.

11. Parallel criminal cases

A criminal prosecution can run alongside a civil case. Criminal convictions or acquittals can influence but do not control the civil case. For example, a guilty plea may be persuasive evidence, but the civil standard of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).

12. Practical timeline

Typical timeline elements:

1. Days 0–7: Safety, medical care, report to police, preserve evidence.
2. Weeks 1–6: Consult an attorney, review evidence, demand letters or settlement discussions may begin.
3. Months 1–6+: Filing suit (if settlement not reached) and early discovery.
4. Months 6–24+: Discovery, depositions, motions, settlement negotiations, potential trial.

Helpful Hints

• Act quickly. Preserve evidence and get medical care promptly.
• Keep a private, contemporaneous diary of symptoms, missed work, and treatment dates.
• Photograph injuries and the location where the incident happened; include dates on photos or metadata.
• Get witness contact information immediately and ask witnesses for brief written statements while memories are fresh.
• Keep copies of police reports, medical bills, receipts, and correspondence related to the incident.
• Ask whether any defendant has insurance that might cover your claim — this often affects settlement negotiations.
• Understand deadlines. Consult an attorney promptly to confirm the statute of limitations that applies to your case (see CPLR § 214: https://www.nysenate.gov/legislation/laws/CPLR/214).
• If you cannot afford an attorney, look for legal-aid organizations or local bar association referrals that offer low-cost or pro bono help.

Final note: Civil claims after an assault can be complex. The right approach depends on details: how the assault happened, who was involved, the injuries you suffered, available evidence, and potential defendants (individuals, employers, property owners). Talk to a New York attorney who handles personal-injury and intentional-tort cases as soon as possible to protect your rights.