Visitor Question

Pushed Down a Flight of Stairs…

Submitted By: Sarah (New York)

I was pushed down an indoor flight of 16 stairs by my mother’s boyfriend. He was being very aggressive towards me and shouting at me, and then he pushed me and I fell down the stairs.

Can I file a personal injury claim against him and receive compensation? What do you think I should do? Thanks for any help you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sarah,

Hopefully at the time of the assault you called the police and had the bully arrested. From the facts you present it appears his actions were entirely criminal. If for any reason you didn’t file a police report and didn’t suffer any injuries, the chances of prevailing in a legal claim against him will be remote.

His actions were criminal in nature, and as such should have been documented by someone, preferably the police. Documentation includes a police report, witness statements, photographs, and any other forms of credible documentation of your injuries.

With that information in hand you can file lawsuit against him in Small Claims Court. In New York State the maximum “jurisdictional limit” for Small Claims Court is $5,000 dollars. Hopefully the man who assaulted you has some assets.

On the other hand if the assault occurred at his home and he carried homeowners insurance you may be able to pursue a legal claim against him through his homeowners insurance. To do so you will need to learn the identity of his homeowners insurance company. With that information in hand you can file a claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 15, 2012

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