Legal Question in Civil Litigation in New York
punched in face by customer
I work at a ups counter in ny and was punched in the face by customer who was upset because i could not ship his package.I called 911 and when the police arrived they stated nothing could be done because i had no blood or black eye ect. Their was 3 customers and 3 employees who witnessed this. please advice,thanks
3 Answers from Attorneys
Re: punched in face by customer
If you had witnesses who confirm your story the police should have made an arrest. You could make a civil claim however, with no injury, your damages would be minimal.
Re: punched in face by customer
The reason why the police responded that there was nothing they could do is that some crimes (i.e. Assault) require a "serious injury." Without evidence of a serious injury (a black eye or blood) a criminal complaint would be thrown out by a judge as being insufficient.
However, the good news is that a Civil lawsuit is not held to the same standards and/or burden of proof.
You may have the right to bring a Civil lawsuit in order to recover money based on these facts. In order to thoroughly evaluate your case I would need to hear more details.
If you'd like to discuss these issues further, call my office which handles Civil cases exclusively. You can reach me for a free consultation 24 hours a day 7 days a week at (877)NYC-LAW1.
Good luck.
Re: punched in face by customer
The police were wrong. They are frequently wrong in situations like this. It is shameful, but they often choose to avoid paperwork rather than perform their duty.
You may file a document (provided by the police station) called a "complaint" against the person who punched you at the police station. The names of witnesses reported in writing on the form is helpful. The matter will likely then be properly prosecuted.
The degree of your injuries is not the most important issue in this type of case. It is important to discourage this behavior before you or someone else is more severely damaged.
You may (an should) also pursue a civil claim (a lawsuit for money). The degree of injury is important in this civil claim. Small Claims Court will enable you to sue for 3,000 dollars. You do not need a lawyer, but I am available to assist you in both the civil and criminal cases.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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