Q: I was assaulted almost 2 years ago by my ex. I still have ongoing neurological issues, as well as ptsd, can I sue?
I realize the time for suing for the actual assault was one year... . however this was a brutal assault which left me for out of work for 2.5 months and I continue struggling at work due to the multiple concussions, memory issues, I get headaches, my right hand never fully recovered, and I still have to deal with this man as we have a child together. I originally did not sue as I was hoping for a more amicable relationship for the kids sake, but he has done nothing but take care of himself at everyone else's expense. Additionally, to this day he maintains the assault was "my fault" and admits no wrongdoing. (He was only convicted of harassment as I chose not to pursue assault 2/jail time.) Do I have a case to sue for mental anguish/distress?
A: Yes you can sue for damages if within three years. You should immediately contact an attorney. if you have been treated for this and have substantial medical records you need to file your claim as soon as possible to preserve your deadline to file. In most cases in MD for this type of case that is three years. You can call my office for a free consult. Our number is 410 244-5068 ask for Mark my paralegal.
A: I apologize... I read this as a Maryland case but it is NY. Do not call my office as I am not licensed there, but do call a NY practitioner. I cannot speak for the NY deadline to file but you should speak to a NY practitioner who can better assist. But do not delay.
A:
It depends. In New York, the general statute of limitations for an intentional act, like a battery is one year, but there is a crime victim statute, which applies if he was convicted of a crime, allows you to sue up to seven years after the incident.
www.newyorktriallawyers.org
A:
That may be possible, and you may want to act as soon as possible. See: https://victimsofcrime.org/docs/default-source/CJ%20Brochures/ny.pdf?sfvrsn=4
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