There are plenty of reasons to love New York City. When the Big Apple advertises it has something for everyone, the marketing tactic rings true. However, like all major cities, NYC has its share of problems with crime. While crime statistics aren’t through the roof, they’re also not exactly at rock bottom.
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Crimes like assault, unfortunately, happen daily and this means you have a chance of being a victim. If you’re the victim of an assault, you may be able to recover damages. Navigating a NYC assault claim can be complex, and it’s not always easy knowing where to start.
Filing an Assault Claim with The Victims’ Compensation Fund
New York City works diligently to keep residents and visitors safe from crime. Unfortunately, crimes like assault still occur. Whether the assault occurs on a street corner, in a bar, restaurant, or on public transportation, there’s a good chance you can file a claim to recover compensation for your damages.
The state has several programs in place designed to provide compensation to victims of crimes like assault and abuse. You may be eligible to file a claim with a state-supported program like the NYC Office of Victim Services (OVS).
Since this is a government agency, the claim process isn’t always easy to navigate. You may need to fill out multiple forms, provide evidence, and answer questions. If you’re planning on filing a claim with OVS, it’s a good idea to have legal representation. Your attorney can help you navigate the often complex process.
Potential Compensation for an Assault Claim
If your assault claim is approved, you should be able to receive compensation to cover economic losses like medical expenses, lost income, and property damage costs. Your attorney fees may even be covered, along with rehabilitation therapy if your injuries are severe.
However, this program has strict caps that limit the amount of compensation you can receive. For example, property damage is capped at $5,000 and lost income has a $30,000 limit. If you still have expenses after filing an OVS claim, you may need to seek compensation from the individual responsible for your assault.
How to Apply for OVS Compensation
The steps for filing an OVS compensation claim are similar to the ones you take for a lawsuit. If you decide to pursue a lawsuit against your attacker, you’ve got a head start on the process.
Contact the Authorities
You must report the assault within 72 hours of the attack to NYC authorities. If you don’t report the assault, you can’t prove the attack occurred. Your police report will also contain vital information like if a weapon was used by the defendant.
OVS regulations require all assault victims to cooperate fully with the police, and this means answering questions about how the assault occurred and if you have any level of involvement.
If your actions or behavior may have instigated the assault, you may not be able to file a claim with OVS. However, you may still be able to file a lawsuit against your attacker in civil court.
Meet All Deadlines
Filing a claim for compensation means keeping track of a lot of deadlines, which also applies if you go forward with a lawsuit. You have two years from the date of the attack to file a claim either with OVS or in civil court.
There really aren’t any exceptions to this statute of limitations. Minors may be able to pause the statute until they turn 18 but it’s usually best to file a compensation claim as soon as possible.
Other deadlines include filing for Motions of Discovery in court and submitting all records on time to the OVS. Some OVS deadlines give you up to 180 days to submit evidence while others are only a few weeks or a couple of months.
Your personal injury attorney can help you stay on top of each deadline so you don’t jeopardize your claim.
Who’s Eligible for OVS Compensation
Not everyone is eligible to receive compensation from the Office of Victim Services, and this may or may not affect your ability to file a lawsuit against your attacker.
Even though the steps for filing a claim are similar whether it’s with OVS or a lawsuit in court, eligibility requirements can differ. So, the eligibility requirements for filing an OVS claim are:
- You’re an innocent victim and didn’t instigate the assault
- You received physical injuries and can provide supporting medical documentation
While the requirements are pretty basic, it doesn’t guarantee your OVS claim will be approved.
Determining Liability in an Assault Lawsuit
As we mentioned earlier, even if you receive compensation from a victim’s fund, there’s a good chance you’re still going to have expenses stemming from the attack. To recover compensation for your remaining damages, you need to file a lawsuit in civil court.
Since the steps for your lawsuit are similar to those necessary for filing an OVS claim, you’re off to a good start. However, before your lawsuit can move forward, you must determine liability. Who can be liable for your assault? The answer typically depends on where the attack occurred.
If the attack occurs on the street corner by a random stranger, then this individual is liable for your damages. However, if the attack happens in a bar or restaurant. The establishment’s owner or manager may be liable since they didn’t provide a safe environment for their patrons, and this also applies to all business owners.
Some assaults happen in schools, and if your child is the victim of a bullying assault, the school may be liable. However, this type of assault claim can be tricky so it’s best to seek legal advice. You may also be able to hold a landlord or property owner liable if your assault occurs on their premises.
You May Be Able to Receive Compensation After an Assault in NYC
If you're the victim of an assault in NYC, you may be eligible for compensation through a state-sponsored victim's program. You can also file a lawsuit against the responsible party in civil court.
To explore your possible legal options and understand the potential paths for compensation, reach out to an experienced injury attorney. They can help you navigate the legal system and advocate for your rights, ensuring you receive the support and justice you deserve.
