Assault and Battery Lawsuit in NYC: How Accusations Outside an Apartment led to Brawl and Personal Injury
An Assault and Battery Lawsuit in New York City can have significant implications for both the victim and the perpetrator, especially when it involves accusations and a physical altercation leading to serious injury. One such case, Matos v. Hiraldo, highlights how self-defense claims can be challenged in court.
At Sternberg Injury Law Firm, we help victims of assault and battery navigate the legal complexities of these cases, ensuring they receive justice and appropriate compensation. In this post, we’ll examine the Matos v. Hiraldo case and discuss how the Assault and Battery lawyers at the Sternberg Injury Law Firm can assist victims of such cases throughout New York City.
The Assault & Battery Lawsuit
Matos vs. Hiraldo
(Index No. 151150/17)
Raul Matos and Stephen Hiraldo had an altercation which turned into a fight outside their apartment building at 161 West 108th Street in Manhattan. Allegedly on December 25, 2015, at approximately 2:00 AM, Mr. Matos confronted Mr. Hiraldo on the sidewalk in front of the building and supposedly accused his family of stealing money from the building in which they reside. This led to a verbal altercation between the parties.
Mr. Hiraldo who was a black belt in karate and a trained martial artist, struck Mr. Matos on the left side of his face. Mr. Matos, who was 36 years old at the time, tumbled downstairs and suffered fractures on both sides of his jaw bone. These fractures were treated by an open reduction internal fixation surgery which was done to insert a plate and screws into his jaw. This was followed by a second procedure four months later to unwire and remove the equipment. During this treatment, Mr. Matos complained of having ongoing paralysis and extreme pain. Aggrieved, Mr. Matos filed a lawsuit against Mr. Hiraldo.
The Appeal
The Appellate Division upheld the trial court’s decision and reaffirmed the pain and suffering damages in the amount of $250,000 (pre-apportionment) ($125,000 past – six years, $125,000 future – 35 years). The Appellate Court determined that an intentional offensive bodily contact occurred without Mr. Matos’ consent which was intended to cause injury to him rather than used in self-defense.
The Court acknowledged that although Mr. Matos started a verbal altercation there was no evidence that he attacked Mr. Hiraldo first for him to apply self-defense. The Appellate Court also recognized that Mr. Hiraldo, a black belt in karate and a trained martial artist, had the discipline and skills necessary to employ a calculated and controlled force in self-defense. Nevertheless, the force he employed was determined to be excessive and disproportionate to the threat posed by Mr. Matos, which led to a fractured jaw.
The court observed that Mr. Hiraldo's actions were not justified as reasonable self-defense, as he should have been able to neutralize the situation without causing such a severe injury to Mr. Matos.
How Sternberg Injury Law Firm Can Help Victims of Assault and Battery
If you are looking for an experienced Assault and Battery lawyer in New York or New York City, the Sternberg Injury Law Firm can help. Founded in 2016, we concentrate on the resolution of personal injury cases. We offer free consultations to all individuals who have been injured. We proudly serve clients throughout the New York City Metropolitan area, including neighborhoods like Canarsie, the Lower East Side, and Prospect Heights.
Our skilled assault and battery attorneys will meticulously evaluate your case to determine how we can best assist you. Our goal is to emsure you receive the highest possible compensation, thereby enabling you to concentrate on what matters most: your recovery.
To initiate the procedure, please contact us today via our website, email, or phone call.