Legal Question in Personal Injury in New York

My 18 year old son was assulted at a gas station by two of the employees over a dollar. They beat and choked him and have since pleaded guilty to a misdemeanor. The Asst. DA said they would be ordered to pay for his hospital bills. The case has been over for months and he has received nothing. The DA's office is no help and I want to sue them civilly for punitive damages as well as the bills. I also want to know if I can sue their employer?

Asked on 6/21/11, 2:45 pm

2 Answers from Attorneys

Eric Rothstein Rothstein Law PLLC

These can be tough cases because the employees likely have no assets to collect from and it is hard to get insurance coverage from the employer because it was an intentional tort. Some insurance policies do cover intentional acts. How bad was the injury? Feel free to contact me to discuss. There is a one year statute of limitations on a claim for respondeat superior against the employer. There is a 3 year statute of limitations on a negligent hiring claim but that is tough to win.

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Answered on 6/21/11, 2:54 pm

There are many factors to consider before an action can be instituted. Assault cases are usually tough civil actions to prosecute because the employer may claim that the employees went beyond their scope of duty or acted in self defense. You may contact me to discuss your options.

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Answered on 6/21/11, 7:03 pm

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