Assaulted?
You Have Civil Rights Beyond Criminal Court.
Criminal charges punish the attacker. A civil lawsuit compensates you. We pursue property owners, bars, nightclubs, and employers who failed to protect you.
Serving Long Island, Nassau County, Suffolk County & All of NYC
$100M+
Recovered
24+
Years Experience
$0
Upfront Cost
24/7
Available
We Handle All Types of Assault Claims
What Happened to You?
Bar & Nightclub Assaults
Workplace Violence
Domestic Violence Civil Claims
Road Rage Attacks
School Assaults
Security Guard Excessive Force
Sexual Assault Civil Claims
Negligent Security Claims
Proven Track Record
Real Results in Assault & Battery Cases
Every case is unique, but our history of holding attackers and negligent property owners accountable speaks for itself.
$1.8M
Nightclub Assault
Inadequate security at Long Island venue — patron attacked leaving at closing time
$1.2M
Workplace Violence
Employer failed to address known threat — employee severely beaten by coworker
$950K
Sexual Assault Civil Claim
Landlord ignored broken locks and security cameras in apartment complex
$750K
Road Rage Attack
Victim pulled from vehicle and beaten on LIE — traumatic brain injury
$500K
School Assault
Negligent supervision — student attacked on school grounds during known bullying pattern
$350K
Bar Fight Liability
Third-party liability against bar that over-served visibly intoxicated aggressor
Past results do not guarantee a similar outcome. Each case is unique.
Simple Process
Getting Started Takes 5 Minutes
Call or Click
Reach us 24/7 at (516) 750-0595 or fill out our online form. Every conversation is confidential.
Free Confidential Case Review
We review your case with sensitivity and care, explain your civil options honestly, and identify every liable party — including property owners and employers.
We Fight for Your Justice
We handle everything — investigations, insurance claims, negotiations, court. You focus on healing. We don't get paid until you do.
Why Tenenbaum Law
Built for Cases Like Yours
Assault and battery cases require a different skillset than a typical accident claim. You need an attorney who understands intentional tort law, knows how to pursue third-party defendants, and treats survivors with the sensitivity these cases demand.
Civil vs. Criminal Distinction Expertise
We leverage the lower civil burden of proof — preponderance of the evidence, not beyond a reasonable doubt — to win cases that criminal courts couldn't or didn't pursue.
Third-Party Liability Experience
We go beyond the attacker to pursue negligent security claims, premises liability crossover cases, and employer liability — where the real insurance coverage exists.
Sensitive Case Handling
Trauma-informed approach with strict confidentiality. We understand the emotional weight of assault cases and treat every client with dignity and discretion.
Insurance Recovery Knowledge
We identify every available policy — homeowner's insurance, commercial general liability, liquor liability, employer coverage — to maximize your recovery.
"After I was attacked at a bar, the police didn't pursue charges. Jason's team filed a civil case against the bar owner for negligent security and recovered a settlement that covered my surgeries, therapy, and lost income. They believed me when no one else did."
Michael T.
Nightclub Assault — Negligent Security
Know Your Rights
New York Assault & Battery Legal Framework
Understanding the legal landscape is critical to building a strong civil claim. New York treats assault and battery as intentional torts with distinct rules from negligence cases.
Civil vs. Criminal Assault
Criminal assault is prosecuted by the state under Penal Law § 120.00. Civil assault is filed by the victim seeking monetary compensation. You can pursue both simultaneously — the civil case does not depend on the criminal outcome.
Intentional Tort Standard
Civil assault and battery claims require proof by a preponderance of the evidence — meaning more likely than not. This is a significantly lower bar than the criminal standard of beyond a reasonable doubt.
Third-Party Liability
Property owners, bars, employers, and security companies may be liable under negligent security theories when they fail to provide adequate safety measures. These claims often yield the largest recoveries because defendants carry commercial insurance. See our premises liability page for more.
Statute of Limitations
CPLR §215(3) — 1 year for intentional tort claims (assault, battery). CPLR §214 — 3 years for negligence-based claims such as inadequate security. Government claims require a Notice of Claim within 90 days.
Crime Victims Compensation
The New York Crime Victims Compensation Board provides additional financial assistance for medical expenses, lost wages, and counseling — regardless of whether the attacker is caught or convicted. We help clients navigate this process alongside the civil claim.
Comparative Fault Limitations
New York's comparative fault rules apply differently in intentional tort cases. An attacker generally cannot reduce damages by claiming the victim was partially at fault. This is a significant advantage in civil assault claims versus standard negligence cases. Learn more about catastrophic injury claims.
Understanding Your Legal Options
New York Assault and Battery Law: Civil vs. Criminal
Civil Assault and Battery Claims
Many victims of assault and battery do not realize that they have the right to file a civil lawsuit against their attacker — and potentially against third parties — completely independently of any criminal prosecution. In New York, the civil and criminal justice systems operate as separate, parallel tracks.
A criminal case is brought by the People of the State of New York and focuses on punishing the offender with incarceration, probation, or fines. A civil case is brought by the victim directly and focuses on securing monetary compensation. These two proceedings can run simultaneously, and success in one does not depend on success in the other.
The most important distinction between these two systems is the standard of proof. In a criminal prosecution, the state must prove the defendant's guilt "beyond a reasonable doubt" — the highest burden of proof in the American legal system. In a civil lawsuit, the plaintiff must prove their case by a "preponderance of the evidence," which simply means that it is more likely than not — greater than fifty percent probability — that the defendant committed the acts alleged.
This dramatically lower threshold is why many assault victims who see their attackers walk free in criminal court can still obtain substantial compensation through the civil system. The acquittal of a defendant in criminal court does not prevent a civil jury from finding that same person liable for damages. Perhaps the most well-known example of this principle is the O.J. Simpson case, in which the defendant was acquitted of murder but subsequently found liable for wrongful death in civil court.
Under New York law, a civil assault claim requires proof that the defendant intentionally caused the plaintiff to experience a reasonable apprehension of imminent harmful contact. Actual physical contact is not required — the fear of contact is sufficient. A civil battery claim, by contrast, requires proof that the defendant intentionally made harmful or offensive physical contact without consent.
In many incidents, both torts apply simultaneously. For example, if an aggressor raises a fist and threatens to strike you, then follows through with a punch, both assault and battery claims arise from that single encounter. Our firm evaluates every incident for both causes of action to ensure every available avenue of recovery is pursued.
Criminal Prosecution vs. Civil Recovery
When an assault occurs on Long Island, the criminal prosecution is handled by the Nassau County or Suffolk County District Attorney's office. The victim, known as the "complainant," does not control the criminal case. The prosecutor decides whether to file charges, what charges to bring, whether to offer a plea bargain, and whether to go to trial.
While victims may receive restitution as part of a criminal sentence, these awards are typically limited to documented out-of-pocket expenses. They do not cover pain and suffering, emotional distress, loss of enjoyment of life, or punitive damages. In short, the criminal system was not designed to make victims whole.
A civil lawsuit reverses the dynamic entirely. The victim becomes the plaintiff and retains an attorney who works exclusively in their interest. The plaintiff controls the litigation — deciding whether to settle, what amount to accept, and whether to proceed to trial. Civil claims seek the full range of compensatory damages, including medical expenses, lost wages, future earning capacity, pain and suffering, emotional distress, and where the conduct was particularly egregious, punitive damages.
Critically, the two proceedings are independent but can be strategically coordinated. If the attacker is convicted in criminal court, the doctrine of collateral estoppel prevents the attacker from relitigating liability in the civil case. The conviction essentially establishes civil liability as a matter of law, leaving only damages for the civil jury.
Even without a conviction, our firm works closely with law enforcement and the District Attorney's office to preserve evidence — police reports, witness statements, surveillance footage, and forensic evidence. This dual-track approach maximizes our clients' chances of obtaining both criminal accountability and full financial compensation.
Statutes of Limitations
Critical: 1-Year Filing Deadline
Under CPLR §215(3), intentional tort claims including assault and battery must be filed within one year of the incident — dramatically shorter than the 3-year deadline for negligence claims. Claims against government entities require a Notice of Claim within just 90 days. Missing these deadlines permanently bars your claim.
One of the most critical aspects of civil assault and battery law in New York is the statute of limitations. Under CPLR §215(3), intentional tort claims — including assault and battery — must be filed within one year from the date of the incident. This is dramatically shorter than the three-year statute of limitations for most personal injury actions under CPLR §214. Many victims mistakenly assume they have three years and miss the deadline.
However, if your claim also involves a negligent security or premises liability theory — for example, suing the property owner for failing to provide adequate security — that negligence-based claim may have a three-year statute of limitations. This is why it is essential to have an experienced attorney evaluate all potential claims as early as possible.
The deadlines become even more compressed when government entities are involved. If the assault occurred on government property — a public park, subway station, or public school — or was committed by a government employee, you must file a Notice of Claim within just 90 days. Failure to file within this window will almost certainly bar your claim entirely.
Given these tight deadlines, prompt legal consultation is essential. Evidence deteriorates, witnesses' memories fade, and surveillance footage is routinely overwritten. The sooner you contact our office, the better positioned we are to preserve the evidence needed for the strongest possible case.
Beyond the Attacker
Third-Party Liability: Who Else Pays
Negligent Security Claims
When an assault occurs on someone else's property, the property owner may share liability if inadequate security contributed to the attack. Under New York premises liability law, property owners owe a duty of reasonable care to individuals lawfully present on their premises. This includes providing security measures commensurate with the foreseeable risk of criminal activity.
Bars, nightclubs, restaurants, apartment buildings, parking garages, shopping centers, hotels, and entertainment venues all must take reasonable steps to prevent foreseeable violent crime. When they fail and a patron, tenant, or guest is assaulted, the property owner can be held liable through a negligent security claim.
Courts evaluate negligent security claims by analyzing several key factors. First, foreseeability: was criminal activity foreseeable at this location? Evidence of prior incidents, crime statistics, the nature of the business, and complaints from tenants all bear on this question. Second, adequacy of security measures: did the property owner provide reasonable security? Courts examine lighting, security cameras, trained personnel, locks, alarm systems, and emergency protocols.
Third, causation: would the assault have been prevented if adequate security had been in place? Our firm retains security experts who evaluate the property's measures against industry standards. These negligent security claims often represent the most significant source of recovery because property owners carry substantial liability insurance policies.
Employer Liability
When an assault is committed by an employee acting within the scope of their employment, the employer may be vicariously liable under respondeat superior. This doctrine holds employers responsible for tortious acts committed during and in furtherance of employment. Common examples include a bouncer using excessive force, a security guard assaulting a detainee, a delivery driver committing a road rage attack, or a healthcare worker assaulting a patient. In each scenario, the employer's liability arises from the employment relationship itself.
Even when vicarious liability does not apply, the employer may face direct negligence claims for negligent hiring, retention, or supervision. If the employer failed to conduct background checks, ignored complaints about aggressive behavior, or failed to provide de-escalation training, the employer can be held directly liable.
These claims are particularly powerful because they focus on the employer's own failures. Our firm investigates employment records, complaint histories, and hiring practices to build compelling employer liability claims that access the employer's commercial insurance coverage.
Dram Shop Liability
New York Dram Shop Act — General Obligations Law §11-101
Bars, restaurants, and liquor stores that serve a visibly intoxicated person can be held liable for injuries that person causes — including assault. This creates a separate insurance policy (liquor liability) to recover from, often in addition to general commercial liability coverage.
Under New York's Dram Shop Act, codified in General Obligations Law §11-101, establishments licensed to sell alcohol can be held liable for injuries caused by a visibly intoxicated person they served. If a bar continued serving an aggressive patron despite slurred speech, impaired coordination, and glassy eyes, the establishment shares legal responsibility for any resulting assault. Dram shop claims are particularly valuable because they tap into the establishment's liquor liability insurance — typically a separate policy from general commercial coverage.
Proving a dram shop claim requires establishing that the establishment served the aggressor while visibly intoxicated and that the intoxication proximately caused the assault. Our firm obtains surveillance footage, credit card records showing the number and timing of drinks served, and testimony from bartenders and patrons.
We also retain toxicology experts who reconstruct the aggressor's blood alcohol level at the time of the assault. When combined with a negligent security claim, a dram shop claim creates multiple avenues of recovery and places significant settlement pressure on the establishment.
What Your Case Is Worth
Damages Available in Assault and Battery Cases
Victims of assault and battery on Long Island are entitled to the full range of compensatory damages under New York law. Economic damages cover all quantifiable financial losses: emergency room treatment, hospitalization, surgery, dental reconstruction, plastic surgery for facial scarring, physical therapy, psychological treatment for PTSD and depression, prescription medications, and future medical care.
Lost wages — both past and future — are also recoverable. This includes diminished earning capacity if the injuries prevent the victim from returning to their prior occupation. We work with medical experts, vocational rehabilitation specialists, and economists to document the full lifetime cost of our clients' injuries.
Non-economic damages compensate for losses that lack a precise dollar value but are no less real: physical pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, disfigurement, loss of consortium, and the ongoing psychological impact of a violent attack. New York does not cap non-economic damages in assault and battery cases. Juries have wide discretion to award amounts reflecting the severity of the victim's suffering.
In cases involving particularly egregious conduct — such as an unprovoked attack, an attack on a vulnerable person, or an attack involving a weapon — courts may also award punitive damages. These damages punish the wrongdoer and deter similar conduct. Because assault and battery are intentional acts, courts are generally more willing to award substantial punitive damages than in negligence cases.
A common concern among assault victims is that the attacker may have no assets or insurance to pay a judgment. This is why third-party liability is critical. Recovery may come from homeowner's or renter's insurance, a business's commercial liability policy, an employer's insurance for workplace assaults, auto insurance for road rage incidents, or a bar's liquor liability policy in dram shop cases.
Additionally, the New York Crime Victims Compensation Board provides up to $30,000 for unreimbursed out-of-pocket losses, regardless of whether the attacker is identified or convicted. Our firm navigates the Crime Victims Compensation process alongside the civil litigation to maximize total recovery from every available source.
Cases We Handle
Common Assault Scenarios on Long Island
Bar fights and nightclub assaults are among the most common assault cases our firm handles on Long Island. Areas with active nightlife — Huntington Village, Patchogue, Long Beach, and the bars along Route 110 — see a disproportionate share of alcohol-fueled violent incidents. These cases frequently give rise to both direct liability claims against the attacker and third-party claims for negligent security and dram shop violations.
When a bar fails to employ adequate security, allows visibly intoxicated patrons to keep drinking, or fails to intervene when a confrontation escalates, the establishment bears significant legal responsibility. Our firm has extensive experience litigating nightclub and bar assault cases throughout Nassau and Suffolk Counties.
Road rage incidents have become increasingly prevalent on Long Island's heavily trafficked roadways, including the LIE, Southern State Parkway, and Sunrise Highway. These cases range from aggressive confrontations at intersections to violent attacks where an aggressor follows a victim and physically assaults them. Road rage assaults are particularly dangerous because they often involve vehicles used as weapons and escalate rapidly.
Civil claims may target the aggressor directly. If the aggressor was driving a commercial vehicle or was on the job, the employer may be vicariously liable. Auto insurance policies may also provide coverage depending on the circumstances.
Domestic violence represents another significant category of civil assault claims. While domestic violence is primarily addressed through the criminal justice system and family court protective orders, victims also have the right to pursue civil tort claims against their abusers for assault, battery, and intentional infliction of emotional distress. Civil claims in domestic violence cases can be filed alongside petitions for orders of protection and can provide financial compensation that the criminal system does not offer. Our firm handles these cases with the utmost sensitivity and confidentiality, understanding the complex emotional and safety dynamics that domestic violence victims face.
Workplace violence — assaults by coworkers, clients, customers, or patients — gives rise to direct claims and employer liability claims for negligent hiring, retention, or supervision. Healthcare workers, retail employees, social workers, and hospitality staff face particularly elevated risks.
School violence, including bullying that escalates to physical assault, raises complex questions of institutional liability. School districts have a duty to supervise students and protect them from foreseeable harm. When they fail to address known patterns of bullying, they may be liable. Parents may also bear liability for the intentional torts of their minor children in certain circumstances.
Assaults during a robbery or home invasion create civil claims not only against the perpetrators but potentially against landlords who failed to maintain adequate security — broken locks, non-functioning cameras, and inadequate lighting. Regardless of the circumstances, our firm investigates every liable party and every available source of insurance coverage to maximize your recovery.
Know Your Rights
Protecting Your Rights as a Crime Victim
When you are the victim of an assault on Long Island, you simultaneously occupy two distinct legal roles. You are a complainant in the criminal case and a potential plaintiff in a civil lawsuit. Understanding how these proceedings intersect is essential to maximizing your total recovery.
The criminal case and civil case proceed on independent tracks with different standards of proof, timelines, and objectives. The criminal case focuses on punishment — incarceration, probation, and fines. The civil case focuses on compensation for the harm you suffered. Neither depends on the other, but strategic coordination between the two can significantly benefit the victim.
Working effectively with law enforcement from the outset is critical. Filing a police report as soon as possible creates an official contemporaneous record of the incident. The report captures details while they are fresh: the identities of the parties, witness contact information, officers’ observations about the scene, and any statements the attacker made.
Cooperating with the criminal investigation — providing statements to detectives, identifying the attacker in photo arrays, and testifying before a grand jury — strengthens the criminal case. It also generates evidence for the civil proceeding. Once the investigation is underway, our firm obtains the report and all supplemental materials as foundational documents for the civil claim.
New York provides crime victims with specific statutory rights that many victims are unaware of and that can play an important role in both the criminal and civil processes. Under the Crime Victims’ Bill of Rights, victims have the right to be informed of the status of the criminal case, to be notified of court proceedings and the defendant’s release from custody, to be heard at sentencing, and to request restitution as part of the criminal sentence.
The right to be heard at sentencing allows victims to deliver a victim impact statement describing the physical, emotional, and financial consequences of the assault. This statement influences the criminal sentence and creates a formal court record of the victim’s suffering that can be referenced in the civil case.
The right to restitution means the criminal court can order the attacker to reimburse documented out-of-pocket losses including medical expenses, lost wages, and property damage. While restitution orders may be difficult to collect, they establish a judicial finding that the victim suffered quantifiable harm — a finding that carries weight in civil proceedings.
The New York State Office of Victim Services, formerly known as the Crime Victims Compensation Board, provides an additional avenue of financial recovery that exists independently of both the criminal prosecution and the civil lawsuit. Eligible crime victims can receive compensation of up to $30,000 for unreimbursed out-of-pocket losses, including medical and dental expenses, counseling costs, lost wages and loss of earnings support, transportation costs for medical treatment, and funeral and burial expenses in cases involving a death.
To be eligible, the crime must have been reported to police within one week. The application must be filed within one year of the crime or one year after completion of the related criminal prosecution, whichever is later. Crime Victims Compensation is a payer of last resort — it covers losses not reimbursed by insurance, Medicaid, or other sources.
Any civil lawsuit recovery may be subject to a lien by the Office of Victim Services. Our firm assists clients with every stage of the application process and coordinates the civil case to account for any liens or offsets.
Our firm coordinates the civil lawsuit alongside the criminal prosecution to maximize total recovery from all available sources. We monitor the criminal case closely, because a conviction — whether by guilty plea or trial verdict — triggers collateral estoppel. This prevents the attacker from contesting liability in the civil case, effectively making it a damages-only proceeding.
Even when the criminal case does not result in a conviction, the civil case can still proceed under the lower preponderance of the evidence standard. We use every piece of evidence generated by the criminal investigation — police reports, witness statements, surveillance footage, and the attacker’s own statements — to build the strongest possible civil case.
By pursuing recovery through the civil lawsuit, criminal restitution, and the Crime Victims Compensation program simultaneously, we ensure that our clients receive the maximum possible compensation from every available source.
Related practice areas: Premises Liability • Catastrophic Injury • Pain & Suffering • Personal Injury
Common Questions
Assault & Battery FAQ
Can I sue someone who assaulted me?
What is the difference between civil and criminal assault?
Can I sue the property owner where I was assaulted?
What is the statute of limitations for assault and battery in New York?
What if the attacker has no money or assets?
Can I file a civil claim even if criminal charges were dropped?
What damages can I recover in an assault and battery lawsuit?
How much does an assault and battery lawyer cost?
Free Settlement Calculator
Estimate what your personal injury case may be worth using real New York settlement data and proven calculation methods.
Calculate Your EstimateEducational tool only. Not legal advice.
Reviewed & Verified By
Jason Tenenbaum, Esq.
Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.
Take Action Now
The Criminal Case Punishes Them. The Civil Case Compensates You.
Intentional tort claims have a one-year statute of limitations in New York. Evidence disappears. Witnesses relocate. Security footage gets erased. Act now to protect your right to compensation.
No fee unless we win. Available 24/7. All consultations confidential.