Can I get compensation and money if injured because of a crime? Yes. You are entitled to crime victims compensation, and 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 has 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?
The New York Office of Victim Services may be able to help you with
- Medical bills
- Counseling expenses
- Burial and funeral costs
- Lost wages; and
- Other types of assistance.
The agency 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?
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 by a homeless person, mugged, or robbed.
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.
Who Pays the Medical Bills When a Person Is Injured by a Criminal?
Possible sources of payment for medical bills when injured in a crime:
- Private health insurance
- Medicare
- Medicaid
- No-Fault insurance if a motor vehicle was involved
- New York State Office of Victim Services
When You Cannot Have a Personal Injury Lawsuit
Private health insurance, Medicare, or Medicaid and you can file a claim with the New York State Office of Victim Services.
Can You Get Medicaid After You Are injured in a Crime?
Yes. You can apply for Medicaid retroactively going back 90 days.
How Can I Apply for Medicaid?
If you do not yet have Medicaid, 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 if you qualify for Medicaid.
When You Can Have a Personal Injury Lawsuit
If a company or corporation can be sued, the company may have insurance to pay for medical bills. Also, private health insurance, Medicare, or Medicaid and you can file a claim with the New York State Office of Victim Services.
When a Crime Involves a Motor Vehicle
New York State No-Fault insurance will pay your medical bills if you are injured because of a vehicular crime. 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.
You can also file a claim with the New York State Office of Victim Services for non-medical compensation.
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
Attorney Philip L. Franckel, Esq., personally authored this page and all articles on NYSeriousInjuryAttorneys.com.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
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Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
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