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By: Michael J. McConnell, New York Personal Injury Lawyer and Former Manhattan Prosecutor

If you or a loved one was a victim of a crime in New York, it is important to know that a criminal prosecution of the perpetrator is not the only way to seek justice.

Many crime victims do not realize that they might also be able to bring a civil lawsuit where they sue either the criminal, a third party, or sometimes both for financial compensation.

This article will discuss very generally the basics of how crime victims might be able to pursue compensation for their injuries in New York by bringing a lawsuit.

With that said, if you have been a victim of a crime, you may wish to consider a free consultation with a personal injury lawyer dedicated to assisting crime victims to help you determine what your best course of action is for getting compensated.

The Law Office of Michael J. McConnell offers free consultations to victims of crime in the Bronx, Manhattan, Queens, Brooklyn, Staten Island, Westchester County, and Rockland County.

The Difference Between a Criminal Prosecution Versus a Civil Lawsuit

After a crime has been committed and an arrest has been made, a criminal prosecution may unfold. This is where a prosecutor for the government brings a case against the perpetrator to hold them accountable.

The type of accountability the prosecutor usually seeks in a criminal case is jail or prison time to punish the perpetrator.

In contrast, a civil lawsuit is when an individual sues either the criminal and/or a third party for physical, emotional, and financial injuries or a wrongful death.

The focus in the civil case brought by the victim is on getting maximum compensation rather than punishment like jail time.

Additionally, it is sometimes (but not necessarily always) easier to prove a civil lawsuit than a criminal prosecution. This is because the standard of proof is “beyond a reasonable doubt” in a criminal case while a civil case generally just requires proof by “a preponderance of the evidence.”

While there are significant differences between these two types of cases, the important thing to know is that you can typically have both a criminal prosecution and a civil lawsuit for the same event.

What Types of Crimes Can You Sue for in New York?

There are a number of crimes that can serve as a basis for a civil lawsuit in addition to criminal charges.

Here are some of the common types of crimes that might give a victim an opportunity to sue in New York:

While the type of case or cause of action in the civil lawsuit might be called something different than the criminal charge, the basic idea is that the same conduct that is the subject of the criminal case can serve as a basis to sue.

For example, a drunk driver who injures a victim in a car crash might be charged with “Driving While Intoxicated (DWI)” by the local district attorney’s office in a criminal prosecution. At the same time, the victim might also bring a civil lawsuit against them for “negligence.”

Who Do You Sue If You Are a Victim of a Crime?

Determining who to sue after being victimized by a criminal often requires a very careful analysis of the specific facts of any given case.

In general, someone might be able to sue the criminal and potentially others depending on the situation.

Suing the Perpetrator: The Obvious Option but Surprisingly Not Always the Easiest . . . at least for Getting Actual Compensation

The most obvious person to potentially sue is the criminal of course. They caused the harm, so it makes sense to try to hold them accountable through the civil justice system in addition to any criminal prosecution that results from their arrest.

The difficulty in many cases is that the perpetrator of the crime might very well be clearly liable for their wrongdoing, but they might not have insurance or assets to pay for the victim’s damages.

Damages are the financial compensation that is being sought. They can be based on economic damages (medical expenses, lost income, etc.) and non-economic damages (e.g., pain and suffering).

Especially in lawsuits stemming from criminal offenses, the damages or financial compensation that might be pursued could be really significant because the harm that results from a crime is often life changing. And in some cases, the harm is an actual loss of life – a forever heartbreak to the victim’s family that certainly demands substantial money damages.

So, for example, in a terrible case where a victim is shot at an apartment complex, one major problem could be that the shooter is broke and has zero assets to go after.

This means that even if you sue them and a jury verdict finds them liable and awards significant compensation, there might not be a realistic way to ever get them to pay.  

When Suing the Perpetrator Might Be a Good Option for Crime Victims in New York

Quite simply, in cases where the perpetrator either has insurance or assets available, a victim could get money from successfully suing them.

This could make it easier to settle a case out of court for a sum of money acceptable to the victim. It can also make it a viable option to enforce a judgment against them for whatever amount a jury awards if the case goes to trial.

To be sure, in cases without insurance where you are only really going after an individual’s assets, it can still be an uphill battle to actually ever get the money.

While it can be done, it is often very difficult. This is why it is so imperative to investigate whether there is someone else – such as a larger entity, business, corporation, or institution – who might be responsible for the crime having occurred.

Who Else Can You Sue for a Crime Besides the Person Who Got Arrested?

In New York, there are ways to sue someone besides the perpetrator if you were a victim of a crime. Identifying who is often critical to getting compensated.

Here are some examples:

  1. Child Sex Abuse at School in New York. The victim might be able to sue the school for negligently ignoring warning signs that the teacher was sexually abusing students.
  2.  Shooting at Apartment Complex. If the landlord was negligent by not having adequate security, the victim might be able to sue them.
  3. Sex trafficking or rape at a motel or hotel. If a motel negligently allows a sex trafficking operation on their premises, they might be liable to the survivors. If a person is raped at a hotel by a stranger entering their room due to a malfunctioning lock due to the hotel’s negligence, they might be able to sue the hotel.
  4. Assault at a bar, nightclub, or sporting event. If the venue failed to take reasonable security measures despite a history of similar violence there, they could be liable for damages related to an assault on the premises.
  5. Robbery in a shopping mall parking lot. If there was inadequate lighting, lack of security, or improperly trained security, the victim might be able to sue whoever is responsible for the lot.
  6. Drunk driving crash resulting in death or serious injury. If the drunk driver was illegally sold alcohol by a bar (e.g., underage or visibly intoxicated), they can generally be liable.
  7. Domestic violence in an apartment building. For just one of many possible examples involving domestic violence, if the abuser entered the premises as a trespasser through a broken door that the building unreasonably failed to fix, the domestic violence survivor might be able to sue them.

While there are hundreds if not thousands of other examples available, the above list is illustrative of the types of cases where the victim or survivor might realistically only get compensation by successfully suing a third party as opposed to just the perpetrator.

Business, corporations, schools, landlords, and other entities typically have insurance and sometimes a very high amount. This means that when they are found responsible for their negligence, they may have the ability to pay for the harm.

This can be especially important in cases where the perpetrator simply doesn’t have the ability or assets to pay. No matter how egregious, terrible, and life shattering their conduct was, if they cannot pay that means the victim could go without compensation unless they can identify a third party who is responsible as well.

In all of the seven examples cited above, the third-party entities were not guilty of the criminal offense that was committed, but their negligence was what allowed it to occur.

This means that although they cannot be criminally prosecuted, they can be sued for money damages. In essence, the civil justice system allows victims to hold those entities accountable for their actions or lack thereof.

Conclusion: Crime Victims in New York Can Sue, But It is Really Important to Consider Who Else Can Be Sued Besides Just the Perpetrator

For New Yorkers victimized by crime, they can get justice through both a criminal prosecution and a civil lawsuit. While the purposes are different between these two types of cases, the existence of one does not exclude the other. The key, however, is to identify everyone responsible for the harm that was caused in order to maximize the potential compensation. Larger entities such as corporations, landlords, and schools might have a greater ability to pay a settlement or judgment than the individual criminal perpetrator in most cases, which is because such entities usually have insurance or significant assets.

If you have been a victim of a crime, please consider contacting your local police department or police precinct. For emergency situations, you should call 911. For non-emergencies you can look up the phone number for the police department in your town, village, city, or precinct.

You are also encouraged to visit the website for the New York State Office of Victim Services for more information on your rights and other potential avenues of compensation.

Other Resources for Crime Victims in New York:

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