Legal Question in Personal Injury in New York

a few days ago i was downtown standing and talking with friends i had run into. a really intoxicated underaged kid who was with a friend i was talking to ran up to me, grabbed me by the knees, dragged me down to the sidewalk and bit my stomach. the bite didn't rip clothing (i had on three layers of shirts and a scarf, all were quite flimsy as well, but none appeared ripped) but the bite did penetrate skin. it was also swelling. i didn't know this till about an hour later when i decided to check it in a bathroom mirror since i was already there and walked out asking friends what the best course of action would be at this point. they advised i go to paramedics just to have it cleaned out, who were on site. they cleaned it slightly and bandaged it then walked me over to cops to file a report. they told me they'd find the kid and call my cell to confirm when they found him. at the end of the night when i was leaving the area i was at for another, i saw the kid and ran back to the cops i'd spoke with earlier. the kid was arrested on charges of harassment and assault. he was also extremely intoxicated while underaged and also had a fake id. they also advised i get a restraining order and after filing a police report, told me going to the emergency room was more or less my decision at this point. i did in fact go, i was having high levels of anxiety and was given xanax as well as a week long prescription of antibiotics in case this kid in fact had anything. being in the moment of being concerned of my health, i didn't think of monetary gain and mainly went to the cops to a] set a lesson that it's not okay for this kid to ever attack me again, especially he being a male and myself a female and b] for a restraining order for my personal safety. it was just recently i thought, perhaps i can get money from this. does it seem probable that i would get anything from this? any type of compensation would be worth looking into since i did have to go to the hospital.


Asked on 6/12/10, 1:32 pm

2 Answers from Attorneys

Steve Brodsky Esq. CheapNewYorkLLC.com

You may have a civil case for assault, battery, and possibly other things. Consult with a local attorney.

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Answered on 6/13/10, 5:15 am
Pasquale Calcagno Calcagno & Associates, PLLC

You probably have a civil action known as an intentional tort for assault and battery. These cases are difficult from a monetary standpoint your attacker does not have money.

Call me, Pasquale Calcagno, Esq., for a free consultation to discuss the particulars of your case at 1(800)WE-FIGHT. I have convenient office locations all over New York to meet for a consultation.

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Answered on 6/13/10, 10:44 am


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