Q: Assault by neighbor's ex, injuries, seeking legal advice for compensation in NY.

A: I’m sorry to hear about the distressing situation you’ve experienced. In New York, there are several legal options you can pursue to seek compensation for your injuries, emotional distress, and medical bills after the assault. Since there are open arrest warrants for the individual, criminal charges may be pursued. In New York, assault is a criminal offense, and if the accused is apprehended and convicted, they could face penalties such as imprisonment, fines, or probation. While criminal charges won't directly compensate you for your injuries, they can ensure justice is served, and there may be an opportunity for restitution through the criminal process.

Although your civil case was dismissed due to jurisdiction issues, you can still file a new personal injury lawsuit. It’s possible the earlier dismissal occurred because the court didn’t have the proper authority to hear the case, which is something that can be addressed with the right legal guidance. In a personal injury lawsuit, you can seek compensation for your medical bills, including past and future treatment for your shoulder injury, as well as any ongoing care for your son if needed. If the assault has affected your ability to work, you could also seek compensation for lost wages. Furthermore, your claim could include compensation for pain and suffering, which encompasses both the physical pain from your injuries and the emotional trauma you’ve experienced, such as the sleep and appetite issues you’ve mentioned. Given that both you and your son have experienced significant emotional distress, this could be a strong component of your claim.

It’s also worth considering a defamation claim if the individual made false statements about you that harmed your reputation. However, this would require proving that the statements were false, harmful, and made with intent or negligence. If your defamation claim was dismissed as part of your earlier civil case, it’s important to discuss this further with an attorney to assess whether it can be pursued separately or reconsidered in the new action.

Since both you and your son have experienced emotional trauma, seeking mental health support is crucial. The psychological impact of such an assault can be long-lasting, and documenting these effects with a psychologist or therapist will not only help with your recovery but will also provide valuable evidence in support of your emotional distress claim.

Given the complexity of your case and the initial dismissal, consulting with an experienced personal injury attorney is essential. They can guide you through the process of filing a new civil suit in the correct jurisdiction and help you pursue compensation for your medical bills, emotional distress, lost wages, and more. An attorney will also address any jurisdictional concerns and ensure your case is handled correctly.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.