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


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). 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.