If you are the victim of a rape, assault, attack, or another crime, you may be able to receive compensation to help you recover from your injuries and traumatic experience. Some claims may result from negligent parties who contributed to a crime. For example, property owners have a responsibility to keep their premises secure and guests safe. In many situations, victims can directly sue the assailant through the work of an experienced New York victims attorney.
Whatever the circumstances of your ordeal, you can trust the Law Offices of Robert Tsigler, PLLC, to help you rebuild your life following a traumatic attack. Our attorneys understand how to compassionately work with victims of crimes.
Victim Rights Under State Law
Article 23 of the New York State Executive Law outlines the fair treatment and standards for crime victims. This includes the victim’s rights to information about their case and even compensation and services. Under the New York Attorney General’s summary of the law, victims have the right to:
- -Free copies of the police report related to the victim’s case.
- -Payment waiver for certain items (registration, license plates, permits) if they were stolen or lost as the result of a crime.
- -Work absences that law enforcement and prosecutors notify the victim’s employers of.
- -Not be penalized for appearing as a witness in a criminal proceeding.
- -File for compensation with the New York State Office of Victim Services.
- -Be updated about criminal proceedings.
- -Be notified if the alleged perpetrator is discharged, released, or found to have escaped from a jail or prison.
Understanding and accessing this information is not always easy, which is why hiring a crime victim attorney can help you exercise your rights as the victim of a crime. One of our attorneys can describe your rights in detail. If you wish to pursue civil litigation against the perpetrator of the crime or a related negligent party, our team of attorneys can file the claim and work to collect compensation for your medical bills, lost wages, and pain and suffering. Many of our past clients have benefited from these legal services.
What Can a Crime Victim Attorney Do for Me?
During criminal proceedings, prosecutors and government victim services personnel represent the victims on behalf of the State of New York. However, this does not preclude victims from hiring a victim’s rights attorney to handle civil matters and represent the interests of the victim.
A crime victims attorney can help victims navigate city and state resources. Some governmental groups and nonprofits focus on providing resources to victims of crimes, but accessing and finding those groups isn’t always an easy process. One of our attorneys can connect you with the right groups so you can recover from your traumatic experience more quickly.
Victims have rights under state law. One of those rights is the ability to miss work to testify in court. Employers cannot punish or retaliate against victims of crimes for attending court hearings. Your victim’s rights attorney can work on your behalf to notify your employer about your rights under state law.
Depending on the circumstances of the crime, you may be eligible for damages from the perpetrator and/or a negligent party that contributed to your injuries. Individuals or companies can be sued if they:
- -Fail to safely contain rowdy crowds.
- -Violate minimum drinking age laws.
- -Serve alcohol to intoxicated individuals.
- -Fail to properly maintain security devices.
- -Do not fix broken locks and lighting.
- -Fail to perform background checks on workers when it is required.
- -Lack of adequate security and cameras.
The perpetrator of a crime that leads to your physical or mental harm can be sued as well. The burden of proof for a civil claim is lower than a criminal trial, where prosecutors must prove guilt beyond a reasonable doubt. In a civil claim, where you seek monetary damages, your attorney only needs to prove a preponderance of evidence in your favor.
FAQs
Q: What Is the Crime Victims Bill of Rights in New York?
A: The Crime Victims Bill of Rights is a state law that enumerates the rights of crime victims. These include the right to access police reports free of charge and not be penalized for missing work when testifying in court. Although these rights are codified, exercising them can be made simpler by hiring an experienced victim’s rights attorney.
Q: What Is Executive Law 646 in New York?
A: Executive Law 646 explicitly provides victims, regardless of their immigration status, with the right to access police reports related to the victim’s case. Law enforcement departments cannot charge for copies of these documents. Victims can use these reports to learn important details of their case or to determine if filing a civil claim is the right course of action.
Q: Can I Still Sue Someone Who Is Found Criminally Not Guilty?
A: Yes. The burden of proof for a criminal trial is very high, and, unfortunately, defendants who likely committed a crime can be found not guilty when that high bar is not met. This does not stop the victim from seeking civil remedies for their pain and suffering. A lawyer can seek compensation for your losses through a civil court trial. The defendant may opt to settle the case before it goes to trial.
Q: What Should I Expect From My Attorney?
A: Your victim’s rights attorney is there to provide legal advice and general counsel. Whether you need help investigating aspects of your case or advice on where to go for resources, our lawyers are here to help. After your initial consultation, your attorney can formulate a strategy that uses the court system to help you recover damages.
Schedule Your New York Victims Attorney Consultation Today
In New York, victims of crimes have many rights, regardless of their immigration status. Navigating these rights isn’t always easy, though, so hiring an experienced victim’s rights attorney is often one crucial step in your path to recovery.
The Law Offices of Robert Tsigler, PLLC, understands how to work compassionately with victims of crimes. Holding perpetrators accountable for their actions or negligence is well worth the time and effort. To schedule your consultation, contact our office today.
