Assault & Battery Attorneys | Lawyers for the Injured

Assault & Battery2022-07-26T15:25:43+00:00

Personal Injury Lawyers Criminal Defense Attorneys Albany NY

Assault & Battery | Personal Injury Lawyers & Attorneys

In the context of a personal injury lawsuit, if you are struck and injured by another person, this is considered a “battery”. In the civil or personal injury realm, assaults can also occur through intentional, reckless, or negligent actions.

Frequently Asked Questions about Assault & Battery

Our personal injury lawyers provide answers to some important questions below.

Can I sue if I am a victim of assault or battery?2020-07-08T15:51:25+00:00

Yes. If you are injured because of an assault or battery, you can sue the person who caused your injuries. While criminal prosecution is designed to penalize the assailant for illegal actions, a victim of assault or battery can also file a lawsuit seeking money damages for the injuries that are suffered.

What do I have to prove if I am a victim of assault or battery?2020-07-08T15:51:00+00:00

If you are the victim of an assault or battery you must prove that the person who struck you caused you to suffer an injury.

Also, depending on the situation, it may be necessary to prove that the person struck you:

  • On purpose (intentional)
  • Knowing they were likely to strike you, even that wasn’t their goal (reckless)
  • Failed to realize they were likely to strike you, even though they should have (negligent)
What money am I entitled to if I am assaulted?2020-07-08T15:50:21+00:00

You may seek reimbursement for medical expenses and lost wages as well as compensation for emotional and physical injuries – known as pain and suffering.

Who will compensate me if I am the victim of assault or battery?2020-07-08T15:49:59+00:00

If you are injured because of an assault or battery, a personal injury lawyer can bring a claim against the person who injured you and his/her homeowners’ insurance, or other insurance carrier. To have viable lawsuit against the person who cause your injuries, he/she must have sufficient assets to pay for a verdict or settlement. Alternatively, if the injuries were unintended, unexpected, or negligently or recklessly caused, and if the assailant was insured, an insurance company will likely pay any settlement or verdict.

If I am assaulted is there help for paying my medical expenses or lost earnings?2020-07-08T15:49:40+00:00

The New York State Office of Crime Victim Services may be able to offer immediate help with medical bills, lost wages and other expenses while a criminal or personal injury case is pending.

If I am assaulted, how do I seek compensation for my injuries?2020-07-08T15:49:06+00:00

Your best bet at obtaining money for your injuries is for a personal injury lawyer to bring a claim against the defendant’s homeowners’ insurance or other insurance carrier. If the person who injured you is uninsured, your claim will only be successful if the defendant has the means to pay a settlement or jury award. If there is no insurance and the defendant has no assets, you may seek restitution for your out of pocket costs as part of a criminal action, or to seek assistance from the New York State Office of Crime Victim Services.

Does the person who assaulted me have to own a home in order for me to bring a lawsuit?2020-07-08T15:48:41+00:00

No. If someone assaults you and causes you injuries, you can sue the person who injured you. However, in order to recover money for your injuries, there needs to be either 1. An insurance policy that will pay for your damages, or 2. The defendant must have sufficient assets to pay a settlement or a judgment. If the defendant is uninsured and has no means to pay you for your injuries, it is likely not worth spending the time and money it will take to bring a claim against him.

If I sue the person who assaulted me, will his insurance pay for my injuries?2020-07-08T15:48:20+00:00

Maybe. In most insurance policies there is a provision that excludes coverage for an intentional act. However, in New York, if the bodily injuries were unexpected, unintended, negligent, reckless or unforeseen, the insurance coverage may apply and would be liable to pay for the injuries caused by the defendant.

As an example of a case in New York, a college student jokingly pushed a 55-gallon drum from a window of a fraternity house that struck another student. The insurance carrier provided coverage because the student who pushed the drum out of the window did not expect that the drum would strike someone.

How long do I have to file a lawsuit?2020-07-08T15:47:52+00:00

Under New York law an action for assault, battery, or other intentional conduct must be brought within one year of the injury.  Therefore, it is important to talk to an experienced personal injury attorney as soon as possible after you are injured. For a negligent or reckless act, the statute of limitations is three years.

Will a criminal case against the person who assaulted me help my personal injury case?2020-07-08T15:47:33+00:00

Maybe. On the one hand, a criminal case will trigger an immediate investigation so that all evidence will be preserved by the police. If the defendant who assaulted you is convicted in criminal court, that conviction can be used as proof in the personal injury case. However, if the defendant pleads guilty in the criminal case to an intentional act, and it is clear that the defendant caused you injuries that were expected, intended and foreseeable, there will likely be no insurance coverage available and likely no ability for you to recover any money from the defendant unless the defendant has the means to pay for a judgment or settlement.

Timeline of a Personal Injury Case

Recent Verdicts & Settlements

Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.


Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.


Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.


Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.


Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.


Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body.  He also suffered from short and long term memory deficits and other cognitive deficits.


Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.


Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.


Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.


Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.


Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.


* Prior results do not guarantee future outcomes.

LaMarche Safranko Law Testimonials


Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY
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