Victims of Violent Crime in New York City Deserve Compensation: How the Civil Justice System Can Help

If you or a loved one was seriously injured as a victim of a violent crime in Manhattan, you deserve compassion, unwavering support, and justice. You’ve had your world turned upside down and the Law Office of Michael J. McConnell is here for you.

We know that you are going through a lot, but we are here to help. Contact us today for a free and confidential case evaluation:

Compassionate Legal Representation for Victims of Violent Crime

As a personal injury attorney and former prosecutor in Manhattan, Michael J. McConnell knows that victims of violent crime have endured significant physical pain and emotional trauma. The consequences in many cases can be long-lasting and life-altering. And that is why attorney Michael J. McConnell embraces an approach that is focused on compassionate legal representation that meets people where they are while at the same time being a relentless advocate in the pursuit of justice.

Wondering if You Can Sue for Financial Compensation?

It is important for victims to know that they may be able to sue third parties besides just the perpetrator of the crime. For example, landlords, businesses, hotels, bars, security companies, and other related entities can be held liable for foreseeable crimes that occur on their property if they unreasonably failed to take basic safety measures.

If you are wondering whether you might be able to bring a lawsuit for your injuries, don’t wait to get the legal assistance you need. You don’t have to figure it all out on your own. That’s what we are here for.

Contact the Law Office of Michael J. McConnell today for a free case evaluation.

The free case evaluation can be done over the phone, by video, or in person depending on what works best for you. If you need to do the consultation off hours – such as nighttime or on a weekend – we will always accommodate that as well.

So don’t wait to get the legal help that you need. Give us a call right now to speak with a personal injury attorney who is passionate about helping victims of violent crime in New York City.  

What Can a Personal Injury Attorney for Crime Victims in Manhattan Do?

If you or someone you love was injured during a crime, a personal injury attorney might be able to file a civil lawsuit to get money for your physical injuries and emotional trauma. 

A civil lawsuit is different than a criminal prosecution. A prosecutor in a criminal case seeks to punish the perpetrator – typically be sending them to jail. A personal injury lawyer in a civil lawsuit will try to recover money for your injuries.

In situations involving someone seriously injured or killed from a volent crime, a personal injury attorney is most likely to be able to get money for the victim or their family when there is a larger entity such as a landlord or business whose negligence led to the opportunity for the crime. So, for example, in a civil lawsuit stemming from a client who was a victim of a crime, the lawyer might look to sue places like:  

  • Apartment complexes or landlords
  • Parking garages
  • Hotels or motels
  • Nightclubs or bars
  • Shopping malls or stores
  • Workplaces or office buildings
  • Bars or restaurants

These places may be held responsible under a theory called “negligent security” which is basically a form of premises liability. This simply means that property owners have a duty to provide a safe environment for people on their property, including by taking adequate safety measures against foreseeable crimes.

The Difference Between Criminal and Civil Cases

When a crime happens, the police and the Manhattan District Attorney’s Office may file criminal charges. A prosecutor will then try to punish the person arrested by getting them to take a plea deal or proving them guilty at trial. In many cases – especially involving violent crime – the prosector’s goal will be to send the criminal to prison.

The Criminal Justice System’s Purpose is Punishment

The criminal justice system’s focus on punishment is important from the standpoint of deterring future crime from that particular perpetrator as well as others. This deterrence is done by showing wrongdoers that they will go to prison if they commit violent crime. What the criminal system doesn’t do all that well is compensate victims.

To be sure, there may be some rare criminal prosecutions where restitution might be ordered. Again, that is very rare and when it does happen the restitution is often very minimal. In some cases, victims might be eligible for some compensation funded by New York State, but even when applicable that will only cover basic expenses that might not come close to reflecting the full value of what was wrongfully taken from the victim in terms of their health, ability to work, and enjoyment of life.

The Civil Justice System’s Purpose is Compensation

That is where the civil justice system comes in. In a civil case, the whole point is to fully compensate people who have been injured by someone else’s negligence or intentional wrongdoing. Therefore, in a civil lawsuit, someone might be able to get paid for things far beyond just basic restitution.

In a civil lawsuit, you can get compensation for things like:

  • Medical and therapy expenses
  • Lost income
  • Pain and suffering, emotional distress, loss of enjoyment of life, and more

Other Important Differences Between Criminal Versus Civil Cases

There are also a few other important differences between a criminal prosecution and civil lawsuit that are important for crime victims to know.

This includes the fact that victims often have more autonomy and control in a civil case than a criminal prosecution. The reason is because in a criminal case, the prosecutor is fully in charge and can do pretty much anything on the case without needing the victim’s consent. In a civil case, however, the victim hires their own lawyer and ultimately has the final say over whether to bring a case, whether to settle, or whether to take the case to trial.

Criminal Cases and Civil Cases Are Independent of Each Other

It is also important for victims of crime to know that it is always possible to have a criminal case going on at the same time as a civil case for the same incident. In other words, it doesn’t need to be one versus the other. It can be both.

Moreover, there might even be cases where there is no criminal prosecution at all. Maybe the perpetrator was never arrested. Or maybe they were arrested but the charges were later dropped for some reason. In those cases, it still can be very much possible to still have a civil lawsuit.

The reason for that is because the two systems are quite different in their purposes as well as who can be held responsible and for what. So the key takeaway if you’ve been the victim of a crime is to know that there are two different types of cases that can result (criminal and civil) but that they each function differently and have distinct purposes. Criminal cases are about punishment; civil cases are about compensation.

Bringing a Lawsuit After Being a Victim of a Violent Crime in New York City

Crime victims in New York can sue for their injuries, but it is important to carefully examine who should be sued so that you don’t miss out on potential compensation.

While you can sue the perpetrator of the crime, the problem with that in many cases is that the perpetrator will usually not have an ability to actually pay for the damages. This is why it is important to fully evaluate who else might bear legal responsibility.

The most common type of lawsuit for crime victims is a “negligent security” claim. As mentioned above, this is a form of premises liability. Just as property owners have a duty to keep their floors dry so people don’t slip and fall, they also have a duty to take basic safety measures to prevent foreseeable crime on their property.

What Is Premises Liability?

Premises liability is the basic concept that property owners must keep their buildings and land safe. If they don’t and someone gets hurt, they can be held responsible. A common example is when a property owner fails to clean up a spill, which then results in a slip and fall accident.

Negligent Security is a Form of Premises Liability

Negligent security is a type of premises liability claim against property owners who didn’t do enough to prevent a foreseeable crime. The logic behind the concept of negligent security is not really much different from other forms of premises liability.

Just as a property owner must take reasonable measures to ensure their guests don’t slip on a wet floor, so too do they have a duty to take reasonable safety measures to protect their guests against foreseeable criminal harm.

What Safety Measures Do Property Owners Need to Take?

If you were injured from a criminal act in New York City that could have been prevented with reasonable safety measures, you might have a case.

Here are some examples of safety failures that could make a property owner liable for damages in a negligent security case:

  • Failing to fix broken locks on doors
  • Inadequate lighting
  • Lack of cameras
  • No security guards
  • Not addressing known dangers

Each case is unique, so what might be considered a reasonable safety measure for a property owner to take will depend on the circumstances.

Common Examples of Negligent Security Cases

The following types of cases are illustrative of the types of cases brought under a theory of negligent security:

  • A tenant is attacked in her apartment building where the front door lock had been broken for months.
  • A woman is assaulted in a parking garage that had poor lighting and no cameras.
  • A man was stabbed at a nightclub that didn’t have enough security despite a history of fights.  

If any of these examples are similar to what happened to you, please give us a call to explore your legal options.

What Kind of Evidence Do I Need to Prove a Negligent Security Case?

These cases often come down to a few basic things, including proving that the criminal act was foreseeable to the property owner. Here are some helpful types of evidence:

  • Police reports
  • 911 calls
  • Photos
  • Videos
  • Crime statistics
  • Witness statements
  • Past incident reports and police reports
  • Building maintenance logs and inspection reports
  • Security logs
  • Expert opinions

A New York City personal injury attorney can help you determine what type of evidence is most important in your negligent security case. In general, it is important to obtain as much of this evidence as quickly as possible so that it doesn’t get lost. Things like video footage in particular can get deleted with the passage of time.

How a Personal Injury Lawyer Can Fight for Justice Through a Negligent Security Lawsuit in NYC

You may be feeling scared, overwhelmed, and unsure about what to do next. That’s normal.

A personal injury lawyer can handle the legal process so that way you can focus on healing. Some of the things a lawyer might do include:

  • Investigating the root cause of what led to the crime happening
  • Gathering the important evidence, records, and witness information
  • Consulting with experts in the security and medical fields
  • Filing a lawsuit and all other legal paperwork as needed
  • Negotiating a settlement with the insurance company for the property owner
  • Fighting for you in court if necessary
You Pay Nothing Unless We Win

The biggest worry people have about hiring a lawyer is cost. The good news is that personal injury attorneys for crime victims work on a contingency fee.

This means:

  • You pay nothing up front.
  • We only get paid if you win.
  • If you don’t win, you owe us nothing.

This makes it easier for crime victims to seek justice after a traumatic event. Without having to worry about cost, victims can get access to a skilled attorney who can zealously represent them in court.

Speak with a New York City Personal Injury Lawyer Now

If you or someone you care about was hurt because of a crime, don’t wait. Time is really important in these cases in particular.

Let us help you get the compensation you need to rebuild your life. Call today to speak to a crime victims lawyer in Manhattan. This consultation is free, confidential, and no pressure.

Call (914) 810-0510 or fill out our form to get started.

Areas the Law Office of Michael J. McConnell Serves for Personal Injury Cases Involving Crime Victims in Manhattan

Our office serves all of Manhattan for personal injury cases, including:

  • Washington Heights
  • Harlem
  • Upper East Side
  • Upper West Side
  • Midtown
  • Lower East Side
  • Chinatown
  • Greenwich Village

Whether you’ve been a victim of a crime in a New York City apartment building or anywhere else, give us a call today at (914) 810-0510.