Long Island Assault and Battery Lawyer

Attorneys Representing Victims of Assault Injuries Across Nassau and Suffolk Counties

An assault can change a person’s life in seconds. Whether the incident occurs at a bar, restaurant, apartment complex, parking lot, or public venue, victims are usually left with serious injuries, emotional trauma, and questions about why it happened and what they can do next.

When someone intentionally hurts somebody else, the criminal justice system should prosecute the attacker. However, a criminal case does not help the victim with medical bills, lost income, or the long-term psychological injuries such as emotional trauma and pain and suffering. That is where civil law can help.

Many people think that the person who committed the assault is the only party responsible for the injury. In reality, the most meaningful personal injury claims often involve third parties whose negligence contributed to the incident. For example, bars that overserve alcohol leading to the person’s aggressive behavior, nightclubs that fail to control unruly reckless patrons, or property owners that ignore obvious security issues may share legal responsibility for what happened.

This distinction is important for another reason. Intentional assaults are often not covered by the attacker’s insurance, which means a claim against the individual alone may lead to a dead end financially since most people don’t have the financial resources to compensate for the injuries they cause. When negligence by a business or property owner played a role in the assault occurring, insurance coverage usually does exist that allows victims to pursue real compensation from a party that can actually pay a settlement to the injured person.

At Palermo Law, we represent individuals injured by negligence all over Long Island. Assault injury cases frequently involve negligent security, dram shop liability, or other forms of premises negligence. Our job is to investigate what happened, identify every responsible party, and pursue the compensation our clients need so they can move forward with their lives and heal mentally and physically.

Why Choose Palermo Law

For more than 25 years, Palermo Law has represented injured individuals throughout Nassau and Suffolk Counties that have been victims of assault.

Our firm has recovered more than $75 million for injured clients and earned over 400 five-star reviews from people we have helped during difficult moments in their lives.

Every case we handle is guided by three principles.

Maximize Financial Recovery
We prepare every case as if it may ultimately be tried in court, building the strongest possible case from the start. This gives us maximum leverage during settlement negotiations and if the responsible party refuses to pay, puts us in the best position to be successful at trial. But the reality is most cases will settle and having a trial ready case gives a person the best settlement.

Reduce Stress for Our Clients
We handle all the paperwork and phone calls so our clients can focus on medical treatment and recovery. After an injury assault there are insurance phone calls, forms to complete, medical bills, and more. We handle all of that so you can concentrate on getting better.

Move Cases Forward Efficiently
Our structured approach keeps cases moving forward towards resolution while ensuring that no important evidence or claim is overlooked. The truth is that an insurance company will usually call an attorney to settle a case at some point in time. If an attorney just waits for that call, they will have no leverage to negotiate and will have to start gathering evidence late in the game. It is our goal to resolve cases as quickly as possible without sacrificing the quality of the work. We do that by gathering all our evidence right from the start, while you are recovering. So when that phone rings, we’re ready to negotiate aggressively and get maximum compensation.

When an Assault Becomes a Civil Injury Case

Assault is both a criminal act and a potential civil injury claim. The criminal case focuses on prosecuting the attacker. A civil case is about compensating the victim for what they have been through.

Civil claims may come up when a person suffers injuries as a result of:

• Physical assaults or fights
• Bar or nightclub violence
• Sexual assault
• Rape
• Attacks in apartment buildings or parking facilities
• Assaults at hotels, events, or entertainment venues

In many cases, the person who committed the assault will face criminal charges. However, the civil case is about a different issue altogether.

Could the incident have been prevented if someone had acted reasonably?

If a business or property owner failed to take steps to protect people on their premises, or their actions actually increased the likelihood the assault would take place, they may share legal responsibility for the injuries that occurred.

Negligent Security on Long Island

One of the most common ways assault injury cases arise is through negligent security.

Property owners have a legal duty to maintain reasonably safe premises. When businesses invite customers or guests onto their property, they must take appropriate steps to address foreseeable risks, including criminal activity. This means providing security when needed and controlling alcohol service and rowdy patrons.

When a property owner ignores those risks, assaults can occur that might otherwise have been prevented.

Negligent security cases often arise in locations such as:

• Bars and nightclubs
• Apartment complexes
• Hotels and resorts
• Parking garages and parking lots
• Concert venues and sporting events
• College campuses
• Shopping centers

For example, a nightclub with a history of violent incidents will usually be found to have a duty to provide trained security personnel. If the establishment fails to provide adequate security and a person gets assaulted, the business will likely share responsibility for the resulting injuries.

Similarly, an apartment building that fails to repair broken locks, maintain lighting, or provide reasonable security may expose tenants or guests to assaults that may not have otherwise happened.

Alcohol and Assaults at Bars and Nightclubs

Alcohol frequently plays a role in violent incidents. Bars and restaurants all over Long Island serve thousands of patrons every day. When alcohol is served responsibly, problems rarely occur. However, overserving intoxicated individuals can quickly create dangerous situations.

Under New York’s dram shop law, a business that sells alcohol may be liable if it serves alcohol to a visibly intoxicated person who later causes injury to someone else.

Alcohol-related assaults often happen in situations such as:

• Bar fights between patrons
• Intoxicated patrons attacking others inside a venue
• Assaults outside bars after patrons are overserved
• Altercations in parking lots after leaving establishments

In these cases, the intoxicated individual is likely responsible for the assault, but the establishment that overserved them will also share responsibility for creating an environment that led to the assault. Very few bars understand this law, or they simply decide to ignore it at the expense of innocent victims.

Identifying whether alcohol service contributed to the incident is an important part of investigating many assault injury cases and is time sensitive. Most establishments maintain surveillance systems which can provide extremely valuable evidence. However, the recordings these systems produce are not saved for long periods of time. Obtaining that footage early may make the difference between a successful case and an unsuccessful one.

Sexual Assault and Negligent Security

Sexual assault and rape are among the most serious and traumatic incidents a person can experience. In some cases, these assaults occur in environments where proper security measures could have prevented the attack.

Examples may include assaults occurring in:

• Apartment complexes with broken security systems
• Hotels that fail to control access to guest areas
• Parking garages without lighting or surveillance
• College housing or campus facilities lacking security measures

In these situations, a civil case will likely focus on whether the property owner failed to address known safety risks on their property.

Negligent security cases involving sexual assault usually require careful investigation of prior incidents at the establishment, security policies, lighting conditions, controlling access to the premises, and surveillance systems.

These cases are handled with great care and sensitivity, and victims should never feel that they must face the legal process alone.

Common Injuries in Assault Cases

Assault injuries account for approximately 1.5 million emergency department visits in the United States each year, according to the Centers for Disease Control and Prevention. Many of those visits involve serious physical harm that can affect a person’s ability to work and return to daily life.

Some of the most common injuries include:

Traumatic Brain Injuries
Head trauma from punches, kicks, or being struck with objects can cause concussions or more severe traumatic brain injuries.

Facial Injuries and Fractures
Broken noses, orbital fractures, jaw injuries, dental damage, and lacerations are common in violent assaults.

Spinal and Orthopedic Injuries
Falls during an assault may cause spinal injuries, soft tissue injuries, shoulder injuries, or fractures in the arms or legs.

Internal Injuries
Blunt force trauma can lead to internal bleeding or organ damage.

Psychological Trauma
Victims often experience emotional harm such as anxiety, depression, or post-traumatic stress disorder following an assault.

These injuries can affect a person’s ability to work, maintain relationships, and return to normal daily activities.

Evidence in Assault Injury Cases

Assault cases often depend on evidence that must be preserved quickly. Businesses may erase surveillance footage within days, and witnesses’ memories fade over time.

Important evidence may include:

• Surveillance video from the location
• Witness statements from patrons or employees
• Incident reports prepared by staff
• Police reports and criminal case records
• Bar receipts showing alcohol service
• Prior incident reports involving violence at the location

Early investigation is important to preserving this evidence and building a strong case.

Filing Deadlines for Assault Injury Claims in New York

How long you have to file a claim depends on who you are suing and the nature of the claim. Assault injury cases on Long Island can involve more than one deadline and missing any one of them can permanently affect your ability to recover compensation.

Three years — negligence claims against bars, nightclubs, and property owners. Claims based on negligent security, dram shop liability, or premises negligence must generally be filed within three years of the incident under CPLR § 214. This is the most common deadline in assault cases involving third-party negligence.

One year — intentional assault and battery claims against the attacker. A civil claim for intentional assault or battery against the individual who committed the attack must be filed within one year under CPLR § 215. This shorter deadline applies specifically to intentional acts, not negligence claims.

90 days — Notice of Claim for incidents on government-owned property. If the assault occurred on property owned or operated by a government entity, such as a public park, municipal transit facility, or public housing complex, a Notice of Claim must be filed within 90 days of the incident and before a lawsuit can proceed. This deadline falls well before the normal three-year period and is sometimes overlooked.

Because a single assault case can involve multiple claims with different deadlines, speaking with an attorney as early as possible is important to ensure your rights are not lost.

STATUTE OF LIMITATIONS — ASSAULT & BATTERY CLAIMS

Compensation Available in Assault Injury Cases

When negligence contributed to an assault, injured victims may pursue compensation for the harm they suffered from both the assailant and the negligent establishment or property owner.

Damages in these cases may include:

Medical Expenses
Hospital care, surgery, physical therapy, and future treatment related to the injury.

Lost Wages and Reduced Earning Capacity
Income lost during recovery and long-term impact on the victim’s ability to work.

Pain and Suffering
Compensation for physical pain, emotional distress, and the lasting impact of the assault.

Psychological Treatment
Therapy or counseling necessary to address trauma resulting from the incident.

The value of a case depends on the severity of the injuries, the available evidence, the long-term effects on the victim’s life, and the available insurance.

How Palermo Law Handles Assault Injury Cases

Assault injury cases require a detailed investigation of all the facts to identify every responsible party.

When our firm evaluates these cases, we focus on several very important questions:

• Did the property owner know about prior violent incidents?
• Were appropriate security measures in place?
• Was alcohol overserved before the incident?
• Did the business respond reasonably to escalating behavior?

Answering these questions helps determine whether negligence contributed to the assault. Assailants rarely have the financial capability to pay for the harm they’ve inflicted. Often a person’s only recourse for financial compensation is to also pursue the negligent party that created the conditions for the assault to take place.

At Palermo Law, we approach these cases the same way we approach all serious injury claims. We investigate the incident carefully, gather and preserve evidence early in the process, and identify all available sources of compensation for our clients.

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