Can I get compensation and money if I was assaulted or injured because of a crime? Yes. In New York, you are entitled to get crime victim’s compensation. In many situations, you may also be able to obtain compensation from a personal injury lawsuit.
How to Obtain Compensation When You Are a Crime Victim
Crime victims can obtain compensation by filing a claim with the New York State Office of Victim Services.
You may also be able to obtain compensation from a personal injury lawsuit. However, a personal injury lawyer has to find insurance coverage, or the perpetrator of a crime must have assets, money, or a good job, to obtain compensation through a lawsuit.
See examples below of when you may be able to obtain compensation from a personal injury lawsuit.
What Will New York State Victim Services Do For Me?
Crime victims’ compensation is provided by the New York State Office of Victim Services (OVS). OVS is the New York agency where crime victims can get financial help when a victim of a crime.
New York State has no limit on reimbursement for medical bills or counseling for crime victims.
The New York Office of Victim Services pays for the following:
- Medical bills
- Dental bills
- Counseling expenses
- Burial and funeral costs
- Lost wages
- Crime scene clean-up; and
- Other types of assistance.
The Office of Victim Services also funds a network of victim service providers across New York State.
When Can’t I Get Money From a Personal Injury Lawsuit for a Crime?
To get money for pain and suffering when you are injured in a crime, personal injury lawyers need a company as a defendant or someone with insurance to pay the money.
When someone is assaulted by another individual, and there is no company that can be sued, it is not likely that the individual will have money to pay you for pain and suffering unless the individual was a celebrity who assaulted you. Celebrities and people who have money will also have insurance.
An example of the type of crime where a civil lawsuit would probably not be successful in obtaining compensation from the perpetrator is when a person is walking down the street and is punched, mugged, or robbed. Personal injury lawyers in New York would probably not be interested in that kind of assault.
When Can I Get Money From a Personal Injury Lawsuit for a Crime?
A personal injury lawsuit may successfully obtain substantial compensation for many other types of crimes. Some examples of where personal injury lawsuits may be successful are:
- Sexual assault of a child by an employee of a company or organization.
- Sexual assault of an employee or customer by an employee of a company or organization.
- A victim of a violent crime where there was inadequate security.
- A bar or restaurant may be liable for serving too much alcohol where someone was assaulted by a drunk customer or employee.
- A bar or restaurant may be liable for serving too much alcohol where someone was injured in a car accident by a drunk customer or employee.
- College or university students who have been sexually assaulted may have a Title IX case against the college or university.
- Vehicular assault or manslaughter: Hit & Run, DUI / DWI / DWAI, Reckless Driving, drag racing, or a stolen car. We sued the parents of a kid who was drag racing for $500 million in punitive damages.
If you were a victim of a crime due to any of the assaults mentioned above when you can get money from a personal injury lawsuit for a crime, call us for a free consultation. Unfortunately, we cannot help crime victims who cannot have a personal injury lawsuit.
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Who Pays the Medical Bills If I’m Assaulted or Injured in a Crime?
Possible sources of payment for medical bills when injured in a crime:
- Private health insurance
- No-Fault insurance (if a motor vehicle was involved)
- New York State Office of Victim Services
Private Health Insurance
If you were injured in a crime and have health insurance, your health insurance must pay for your medical treatment.
If you were injured in a crime and have Medicaid, Medicaid must pay for your medical treatment.
Can You Get Medicaid After You Are Injured in a Crime?
Yes. You can apply for Medicaid retroactively, going back 90 days before your medical treatment.
If you were hospitalized because you were shot, stabbed, or assaulted, ask to speak with someone in the Medicaid office at the hospital as soon as you are able to. The Medicaid office in the hospital will help you apply for Medicaid.
How to Apply for Medicaid
If you do not yet have Medicaid and you are no longer in the hospital, you can go to your hospital and ask if they can help you. Many hospitals have an office that will help you apply for Medicaid.
You can also see how to apply for Medicaid and find out if you qualify for Medicaid.
If you were injured in a crime and have Medicare, Medicare must pay for your medical treatment.
When You Have a Personal Injury Lawsuit
If a company or corporation can be sued, the company may have insurance to pay for your medical bills. If the company has insurance to pay for your medical bills, you should use that to pay for things that are not covered by private health insurance, Medicare, or Medicaid. You can also file a claim with the New York State Office of Victim Services.
When a Crime Involves a Car or Motor Vehicle
If you were injured because of a vehicular crime, you can get money in compensation for your pain and suffering because of your injuries, as well as payment of your medical bills and lost wages.
New York State No-Fault Insurance will pay your medical bills if you are injured because of a vehicular crime. If you own a car, the No-Fault Insurance company is the company that provides your car insurance. If you do not own a car, the No-Fault Insurance company is a New York State agency called MVAIC.
If a motor vehicle was involved, No-Fault insurance is the first insurance that must pay. You can only use private health insurance, Medicare, or Medicaid after No-Fault insurance has been denied.
If you are injured because of a crime involving a car or other motor vehicle in New York, you can also receive compensation from a personal injury claim or lawsuit.
If you were in a car or were a pedestrian injured by a stolen car, the car’s insurance will not cover the stolen car, but you can still have a personal injury claim or lawsuit against the uninsured motorist coverage of your car insurance or against a New York State agency called MVAIC if you do not have car insurance.
If you were in a car or were a pedestrian injured in a hit-and-run accident, you can have a personal injury claim or lawsuit against the uninsured motorist coverage of your car insurance or against a New York State agency called MVAIC if you do not have car insurance.
If you were injured because of cars that were drag racing, you can have a personal injury claim or lawsuit against all the cars that were drag racing and the uninsured motorist coverage of your car insurance.
If you have been injured or know someone who was killed because of a violent crime and you think there was a company or organization which was negligent, call the HURT911® Personal Injury Dream Team™ right now 7 days/nights for a free consultation with no obligation at 1-800-HURT-911 >> 1-800-487-8911
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