Legal Question in Civil Litigation in New York

Assaulted at retail store. Store now wants to make a deal.

Hello,

On 2/17/06 I was assaulted at an apparel store in NYC.

Today I spoke with the store's attorney and he asked me what I would like so that I don't end up bringing the store to court.

Could you please tell me what you think he means?

1. I told him the settling out of court sounds nice and I'd think about it.

2. I assume it's like Bill O'Reilly paying off the woman who sued him in 2003 for some type of lewd behavior.

3. I was assaulted by the store manager. In the store. During business hours. I entered the store simply to return a backpack.

4. I am traumatized.

5. Realistically, what is that worth?

Thank you.


Asked on 2/24/06, 11:22 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Assaulted at retail store. Store now wants to make a deal.

A lot more goes into an evaluation then that.

Any doctor bills? Any injuries, scars, bruises time lost from work, etc.What is "traumatized"?

You probably weren't badly hurt and their insurance probably won't cover it anyway. This is called a "nuisance value" settlement. I don't know enough to put a number on it, but at the least it will save them attorney's fees, so several thousand dollars minimum.

Do not sign any release until you discuss this with an attorney in more detail. If you do, you are waiving your right to sue.

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Answered on 2/25/06, 11:17 am


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