If I was assaulted by a person that works in my building, what can I do?

Asked on September 4, 2014 under Personal Injury, New York

Answers:

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

Answered 6 years ago | Contributor

Assault and battery are both civil (lawsuit) and criminal.  The district attorney can pursue criminal prosecution  and you can contact that office.

As for your civil case, you can sue the person who assaulted you for both assault and battery.  Battery is the harmful, offensive intentional bodily contact.  Assault is intentionally placing you in reasonable apprehension of an immediate battery.

After you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your lawsuit should seek compensation for these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to support your claim for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  Since assault and battery are intentional, you can seek punitive damages (a substantial amount to punish the person who assaulted you).

Your civil case (lawsuit) should also name the owner of the building where the assault occurred as a defendant because the property owner is liable for your injuries.  Your damages would be your medical bills, pain and suffering, and wage loss as discussed above.  Your claim against the building owner would be for premises liablity.


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