I was the victim of an assault in april the case was settled in court 2 weeks ago and the person who assaulted me was given 1 yr conditional discharge,in the assault I lost both front teeth,can I sue this person for my dental expenses as well as damages
3 Answers from Attorneys
Yes, you can. There are two separate matters - criminal and civil. The criminal matter is brought by the government. The civil matter is brought against you for damages. If he pled or was found guilty, you can use that in your civil action.
I recommend you consult with an attorney to determine the value of your claim and your chances of collection against the defendant or possible insurance policies. You should do this as soon as possible.
Also licensed in New York and practicing on Long Island.
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You can sue. The question is whether the person has assers to collect from or a job to garnish wages.
Tricky. Insurance, say homeowners, will likely not cover a deliberate, intentional act. There is a negligent excessive use of force theory that sometimes works. If the defendant owns a home, works or has other assets you can pursue a civil case for intentional assault/battery and possibly recover. Best to consult an attorney. VTY, M.E. Zuller
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