INTENTIONAL ASSAULTS
We often get calls from assault victims interested in pursing a claim against the assaulter or the establishment where the injury occurred. While claims such as this are possible, there are several reasons that discourage us from pursuing these types of cases. Most significant is the fact that injuries that are intentionally caused are normally not covered by insurance, such as the assaulter’s homeowners policy. Therefore, it is necessary to sue the individual and hope to collect from any personal assets owned by him. Under some circumstances, if the assaulter was illegally served alcohol by a commercial establishment, an action can be brought against the bar or convenience store that improperly provided the assaulter with the alcohol. However, these cases are difficult to prove and often, if the establishment is a bar, there may be no insurance or no assets to collect from. Nevertheless, if someone is a victim of a crime and they have incurred medical expenses, property damage and/or lost wages, they may apply to the New York State Crime Victims Assistance Center. With a proper application, this agency will, in most cases, pay for uninsured medical expenses, property damage and/or lost wages. The number for your local office of the Crime Victims Assistance Center can be obtained from the police department, the district attorney’s office or the phone book.
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