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NYC Subway Assault Lawyer
Have you or your loved one been assaulted in a subway in New York City? If so, you may be eligible for compensation. An experienced NYC subway assault attorney can fight for your rights. Read on for more details.
Common Assault Cases at NYC Subways
The assault comes in different forms, such as:
Physical assault could happen both at subway stations and on subways. The specifics of the attack incident will determine the best course of action to take. Depending on the circumstances surrounding your case, you may be able to take legal action against the individual who assaulted you or another liable party, which we'll discuss shortly.
Sexual assault should never go unpunished. If you or your loved one is a victim of sexual assault at a NYC subway station or in the subway, you may be able to hold the other party responsible for their actions.
There shouldn't be any excuse for sexual assault; it doesn't matter how you dress, talk, or behave — sexual assault should never be tolerated.
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What Should I Do If I Have Been Assaulted at a NYC Subway?
If you or your loved one is a victim of an assault at an NYC subway, it is important to know what to do next. The steps you take after the assault incident could influence your case. Unfortunately, many assault victims have had their cases dismissed or claims decreased due to certain avoidable mistakes after an assault incident.
That said, here's what to do right after the assault incident:
Report the Incident
Call 911 right away if you can. A police officer should respond to the scene. The officer will ask you several questions about the incident and then write a report. The officer can also arrest the individual who assaulted you.
Request Medical Assistance
When you call 911, you can also request medical assistance if you've suffered serious injuries from the incident. In addition, the police officer responding to the incident can request an ambulance if you've been seriously injured.
Collect Witness Information
Did anyone witness the assault incident? If so, you may collect their contact information. You may need them to testify on your behalf if you decide to take legal action against the party that assaulted you or any other liable party.
Get Checked by a Doctor
It's advisable to get checked by a professional doctor even if you didn't need medical attention right after the assault. The same applies even if you feel okay days after the assault.
When you're a victim of assault, chances are you're probably in shock. Around that time, your body might be unable to show signs of certain injuries. Internal injuries are a good example of injuries that take time to show their symptoms.
For this reason, it's important to get checked by a doctor even if you don't feel any pain or discomfort at that particular moment. Your doctor might be able to detect internal injuries, potentially saving your life.
Certain injuries, such as internal bleeding, can cause blood clots inside your blood vessels. When blood clots form inside your body, they block the flow of oxygen to your brain.
Here's the terrible part you probably didn't know:
When the brain lacks enough oxygen, the brain cells begin to die. As a result, the body begins to go into a coma. The worst thing about cell death is that it happens within 5 minutes of low oxygen, a condition known as cerebral hypoxia.
This explains why some people go to bed feeling okay but never live long enough to see the following day. More precisely, that's how some assault victims die in their sleep.
The scariest thing is that this is just one of the many things that could happen if you don't seek medical attention. Your health aside, let's look at it from the legal perspective.
You'll have a rough time proving your claim when you fail to seek medical attention and then decide to sue the individual who assaulted you or any other liable party. Remember, in an assault case, and many personal injury cases in general, the plaintiff bears the burden of proof.
This means that if you're an assault victim, no one will believe your side of the story if you can't prove that the incident indeed occurred. Now, let's assume that you can prove that you were actually assaulted in the subway or at the subway station. In that case, you'll still need to prove your injuries.
That's the point of personal injury cases; to help injury victims seek the compensation they need and deserve after an injury caused by someone's actions or lack thereof. Therefore, in order to collect compensation, you must be able to prove your injuries.
Without proving your injuries, you may only be able to get the other party arrested for the assault. However, you might not be able to collect compensation for your injuries.
Document Your Life After the Incident
A single subway assault incident can change your life. For example, your body might never feel the same again.
Remember that sharp back pain you experience every time you get out of bed? It could be a result of the assault.
The same applies to that ringing sound in your ears that's now a part of your life, the constant stress or fear you go through every time you see a subway or subway station, etc.
These are just some of the effects of a subway assault. For this reason, it's important to document each one of them.
Similarly, document your trips to the doctor and keep copies of receipts, communications, test results, or any other information related to the assault incident. You never know; this information could help prove your case.
Contact a NYC Subway Assault Attorney
Contacting a NYC subway assault lawyer opens up a world of possibilities you didn't know existed. You'll also learn about rights you didn't know you had just by making that all-important phone call.
An experienced subway assault attorney will evaluate your case and determine liability. Most importantly, this attorney will discuss legal options available to you after the assault incident.
Do I Have a Valid Case?
The question of whether or not your case is valid depends on the specifics of the case. An experienced NYC subway assault lawyer can help investigate your case to determine its validity. If you have a valid claim, the attorney will help you understand your legal rights and options.
This is because there are times when it may be necessary to take legal action against more than one party. For example, when you get assaulted by someone at a subway station and that individual is arrested, you may be able to sue them for your injuries.
Depending on the specifics of your case, you may also be able to sue the Metropolitan Transportation Authority, the agency in charge of transportation networks in North America, or the New York City Subway, an affiliate of the MTA.
Here's the logic behind such a lawsuit:
Subways are usually crowded by a sea of humanity. For this reason, you expect the agencies responsible for managing these stations to provide adequate security. If you were assaulted due to a lack of security, then someone must be held responsible for this kind of negligence.
The same applies if you were assaulted while walking down a dark alley. Since subways witness high human traffic, you expect the agencies managing these stations to provide adequate lighting. We all know that good lighting significantly decreases the chances of criminal activities in most areas.
On the other hand, a dark alley provides the perfect hiding spot for criminals waiting to prey on their victims. In addition, such dark places provide the right opportunity for criminals to escape unnoticed after their criminal activities.
In other words, the agency responsible for managing the subway station might have indirectly enabled the assault incident. Therefore, a skilled attorney might be able to bring a subway assault lawsuit against them.
Why Should You Sue After a NYC Subway Assault Incident?
The decision to sue is entirely up to you. However, in most cases, filing a lawsuit has many benefits.
Let's look at it from two perspectives: human and legal.
From the human perspective, you wouldn't want anyone else to go through what you've gone through in the hands of the individual who assaulted you at the subway station or in the subway station. Unfortunately, failure to take legal action promotes inaction on the other party's side.
As mentioned earlier, the agency in charge of running the subway may have acted negligently, such as failing to provide adequate security, lighting, or both. If you don't take legal action against them, they'll never do anything in the future to prevent such an incident from reoccurring.
This means many more people will be assaulted. Many more people will be injured. Sadly, some incidents might even lead to death.
As an assault victim, you have the power to put an end to this kind of negligence. Specifically, you have the power to take legal action against the negligent party, forcing them to do the right thing and protect subway users.
From the legal perspective, assault is a crime punishable by law. And sometimes, obtaining financial compensation is one of the many different ways to punish the other party for their negligence.
Bear in mind that if you don't seek compensation, you may never be able to afford medical treatment or recover certain expenses incurred due to the assault. In addition, even if you have medical insurance, it's important to note that your insurance policy might only cover certain types of treatment. More specifically, they won't compensate you for your pain and suffering. Only an experienced attorney can help you obtain this kind of compensation.
Then there's also the issue of inconvenience and lost wages. For example, suppose someone assaulted you in a subway on your way to work, and you sought medical attention. In that case, if you suffered several broken bones, you may not be able to go to work as you would before the incident.
That's when your bills begin to pile. The frustration follows shortly after.
Taking legal action means you may be able to secure compensation for damages such as:
- Medical expenses
- Loss of earning capacity
- Lost wages
- Loss of enjoyment of life
- Pain and suffering
- Emotional anguish
Depending on the specifics of the case, the judge might also award you punitive damages. As the name suggests, punitive damages are meant to punish the defendant for their extremely negligent actions. As a result, such damages send a strong warning to other individuals or parties that they would be held responsible for their negligence should they act in a similar manner.
Contact a Morgan and Morgan Subway Assault Attorney
New York City is home to many subways and subway stations. If you or your loved one has been assaulted in a subway or subway station, Morgan and Morgan attorneys might be able to help.
But why Morgan and Morgan and not just any other personal injury law firm you come across?
Morgan and Morgan is the largest personal injury law firm in the country. To put things into perspective, we've helped our clients recover more than $15 billion for different kinds of injuries so far.
In addition, by now, you already know that subway assault cases are complex. They're often based on a lot of technicalities. The last thing you want is to lose a valid claim because you hired an attorney or law firm with inadequate resources to fight for you.
You need a law firm with powerful legal resources and an aggressive team of subway assault lawyers in NYC to win such complex cases. That's what defines Morgan and Morgan.
Ready to get started with your claim? Fill out our free case evaluation form.