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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9334
Experience:  attorney at self
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I was the victim of an assault that resulted in my jaw being

Customer Question

I was the victim of an assault that resulted in my jaw being broken.The assault took place on October 5,2015.I was informed of the 4th. A.D.A.handling the case on October 27 ,2016.He the a.d.a.informs me the jury selection is set for November 2,2016.I am at the time 100% disabled and made the 3 prior a.d.a.'s aware of this.The A.D.A.handling my case dismissed the charges because I wasn't there for the jury selection process.According to what I have read since yesterday my presence is not required.I asked him to file a peoples appeal to which he said no.What recourse do I have.I mean besides the pain and suffering I'm out of pocket over $5,000.00.CAN YOU PLEASE HELP ME.
Submitted: 8 months ago.
Category: Legal
Expert:  N Cal Atty replied 8 months ago.

Thank you for your question.

You can ask the head DA to reconsider, but the DA has basically unlimited discretion. Getting the attacker convicted will not necessarily cover your medical bills anyway, but a civil suit should let you recover for all damages including medical bills, pain and suffering, lost wages, etc.

You have 3 years from the date of the injury to file a civil suit, see

http://statelaws.findlaw.com/new-york-law/new-york-civil-statute-of-limitations-laws.html

You can get a free consultation from some of the NY personal injury attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.