The New York Personal Injury Blog

Battery / Assault in New York

Battery / Assault is most often thought of as a criminal law issue, but if you have been the victim of a battery or assault you may also have a personal injury case. In personal injury cases, battery and assault are known as "intentional torts." The elements of the intentional torts of battery and assault are generally the same as the elements of the crimes battery and assault, but the required intent is different and the burden of proof necessary to find a defendant guilty is lower in a personal injury case. A New York injury lawyer can help you understand the differences.

If you need legal advice on any personal injury issue in New York, including battery or assault, you should speak to a New York personal injury attorney. Personal injury attorneys often offer free consultations and generally take cases on contingency, which means that you will not be expected to pay attorney fees unless you receive a favorable verdict.


Recently in Battery / Assault Category

Another Shopping Cart Throw Down, 2 Injured in Bronx

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In another shopping cart thrown down story, two people were seriously injured at a Bronx Home Depot store when someone threw a shopping cart off the second level of a parking garage onto the victims.

This follows a similar incident three months ago when two juveniles threw a shopping cart onto a mother at a Harlem Target store. However, unlike the earlier incident, it appears that the Bronx shopping cart incident had more nefarious motives than just two kids playing around, as was the case at the Harlem Target, reports the New York Post.

Oscar De La Hoya Knocked Out for Kinky Sex?

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In her Oscar De La Hoya lawsuit, Manhattan model Angelica Maria Cecora says that the boxer engaged in an hours-long, drug-fueled sex session with her that included him dressing up in her lingerie and having “extreme sex” inside a Central Park hotel.

She says that she performed an “astounding sex act” on De La Hoya and when it was done, the boxing champ was still not ready to call it a day, attempting to wake her up several times during the night to do it all over again, reports the New York Post. Oscar De La Hoya does not deny any of this.

Manhattan Woman Sues Michael Brown for Giving Her Herpes

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The answer to the age old question: "Can you sue someone for giving you an STD?" Apparently you can, and a Manhattan businesswoman is suing her wealthy ex-lover for giving her herpes.

Many in New York may not know who Michael Brown is, but apparently he is well known in Houston social circles where he used to be a successful hand surgeon before losing his medical license for drug use several years ago, reports the New York Post.

NYC Firefighter Denied Benefits After Firefighter Fight

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On New Year’s Eve back in 2003, firefighter Robert Walsh had a bit too much to drink and got into a firefighter fight with a colleague. The fight involved alcohol, metal chairs, and burly firefighters. Soon, Walsh was on the firehouse floor with “traumatic brain injuries.”

Walsh filed for accidental disability benefits, but he was denied the benefits. A New York Appellate Court agreed. Now, where a NYC employment lawyer won’t help Walsh, a NYC personal injury lawyer may.

Zach Tomaselli to Sue Bernie Fine

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Just as civil lawsuits were filed against Jerry Sandusky, civil lawsuits are also being filed against Bernie Fine.

Zach Tomaselli, the third accuser against Fine, indicated that he will file a civil suit against the former Syracuse assistant basketball coach, reports the New York Post.

James Hill Gets $450,000 for Brooklyn Police Beating

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James Hill took a Brooklyn police beating over Labor Day 2010. Now the victim of the alleged police brutality will take home $450,000 after reaching a settlement with the city.

After claiming to be clubbed by police and kicked in the face, Hill filed a civil rights lawsuit against the Brooklyn police, reports the New York Post. As a result of the beating, Hill says that he suffered substantial injuries, including a fractured jaw. Generally, it is hard to win a police brutality suit against the police, so what allowed Hill to reach such a favorable settlement?

Lawrence Taylor Lawsuit: Civil Suit for Prostitution

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Last March, Hall of Fame Giants linebacker Lawrence Taylor pleaded guilty to sexual misconduct and patronizing a prostitute after having sex with an underage prostitute. He received only six years probation, reports the New York Post.

Now the victim, Cristina Fierro, and her attorney, Gloria Allred, have filed a civil suit against Taylor claiming $75,000 in damages.

Laurie Fine Knew About Abuse, Failed to Stop It?

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In a damning recorded telephone conversation, Laurie Fine (the wife of former Syracuse assistant coach Bernie Fine), says that she knew about the alleged child sexual abuse and felt powerless to stop it.

If this recorded call is true, it is perhaps the strongest piece of evidence against Bernie Fine and also calls into questions why Laurie Fine did not do more to stop the abuse. She basically finds herself playing the Mike McQueary role in this scandal.

Syracuse University Sex Abuse Scandal Involving Basketball

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Perhaps the one bright spot to come from the Penn State University/Jerry Sandusky sex abuse scandal is that it may have emboldened other child sex abuse victims to come forward to speak out about their tormenters.

In an eerily similar case, Syracuse University and its storied basketball program is accused of being involved in a child sex abuse scandal involving an assistant coach. Bernie Fine plays the role of Jerry Sandusky, alleged child abuser and legendary Orangemen coach Jim Boeheim could play the role of Joe Paterno, alleged enabler.

Patti LaBelle Sued for Attacking Family Outside Apartment

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Patti LaBelle was sued again. This time for allegedly attacking a kindergarten teacher and her young family outside the lobby of their West Side building.

This Patti LaBelle lawsuit follows a separate lawsuit over the summer where LaBelle's bodyguards were caught on tape beating a West Point cadet for allegedly standing too close to the diva's luggage. The victim of that beating sued LaBelle for injuries and monetary damages.