Legal Question in Personal Injury in New York
Injured in bar...time limitations and options?
I am a female who was assaulted by a male in a bar. I received injuries and was briefly knocked out. more to story, but keeping this brief; Went through a trial, and he did some time, but I still suffer from this injury (hearing and pain) and am wondering about any compensation. Also the bar owners were present and left me to call 911 on my own,after the assault, because they didn't want any more marks on their license. However, it has been about 2 years since the incident, long trial etc. Do I have a claim at all, and if so, has it been too long? Thanks.
4 Answers from Attorneys
Re: Injured in bar...time limitations and options?
The statute of limitations of assault is 1 year. HOWEVER, I believe that the statute is stayed while the criminal case is pending. There may be negligence claims against the bar which have 3 year statute of limitations. You should consult with a lawyer ASAP. Does the assaulter have any assets to make a lawsuit worthwhile?
Re: Injured in bar...time limitations and options?
Assault is one year.
Negligence against the establishment is 3 years.
Good Luck
Re: Injured in bar...time limitations and options?
You may have a claim but the question of proof in the passage of time may be difficult to establish.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Injured in bar...time limitations and options?
Generally, there is a 1 year Statute of Limitations for an Intentional Tort, the assault, and a 3 year Statute of Limitations on the negligence of the Bar owners.
As part of the criminal proceeding were you advised of the services of the Crime Victims Board? They provide some reimbursement for medical bills and other expenses related to the crime. The Buffalo office can be reached at (716) 847-7992. The Criminal Court can also Order restitution to the victim as part of the sentence.
You may still have a claim against the Bar, but you may have difficulty proceeding if the Bar is out of business or if their insurance carrier, if any, was not put on notice in a timely fashion.