If I was the victim of an assault and the defendant was convicted, since I lost both front teeth in the assault can I sue for my dental expenses as well as damages?

About 2 weeks ago they were sentenced to a 1 year conditional probation.

Asked on August 25, 2013 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Assault is both civil (lawsuit) and criminal.  The civil and criminal cases are separate.  Damages means monetary compensation you are seeking in your lawsuit for assault.

Your damages would include your dental bills, pain and suffering (an amount in addition to your dental bills) and wage loss.

Compensation for the dental bills is straight reimbursement.  Compensation for pain and suffering is based on the information in the dental reports documenting the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.  You might want to consider seeking punitive damages (a substantial amount to punish the defendant for the intentional, wrongful act of assault). 


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