Also, can I sue this person for assault and battery? It happened in Iowa. I live Texas.
2007-05-13 19:24:00 · 6 answers · asked by DC S 1 in Politics & Government ➔ Law & Ethics
It happened at a restrauant. About 20 people saw it. I was trying to stop a fight between two girls. The girl took off her high heels and started attcking. She hit me between the eye. Could of died. Police came and they took me to hospital. Still wondering if I should file. Happend 2 days ago.
2007-05-13 20:12:09 · update #1
The person who assaulted you should pay.
The way of approaching this is usually to begin with a criminal charge filed against the person who harmed you. I am going to assume that there was a police report. This would verify the incident, list what happened, provide a list of the witnesses, etc. If the person were charged and convicted, the criminal court typically would actually require the perpetrator to pay restitution of your medical bills. The good thing about proceeding in a criminal action is that the state handles the prosecution.
Once there is a criminal conviction in a criminal court, it is a slam dunk to do a civil action against ther person who assaulted you. The court would accept the criminal conviction as the primary evidence of what happened.
Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.
If you get a criminal conviction against somebody, the criminal justice system will make sure they pay restitution.
If you proceed in the civil courts, it is often more difficult to enforce a judgment. That is to say, if a person has no assets or liability insurance, you have difficulty collecting from them.
2007-05-13 23:08:15 · answer #1 · answered by Mark 7 · 1⤊ 0⤋
I'm sorry you were assaulted and sorry for your four stitches.
What I'm going to say is based soley upoon what the results
of the assault you say were....four stitches....and that you
had no other major injuries.
First question I have is...were the police called or did you file
a report? Are you wanting to sue for the amount of the hospital bill or for what the lawyers call damages? I would
expect the lawyer will talk you into the latter...pain and suffering and all that.
Unless this thing was far worse than you seem to make out,
please don't sue. It does nothing but fatten a lawyer's pocket,
and your share of whatever you might receive out of it is
essentially payment for getting beat up. I get a little tired
of people not accepting the bumps and bruises of life...
but instead hollering sue, sue, sue everytime something
comes up like this.
The other guy or gal involved is responsible for the hospital bill. It is your responsibility to see that he pays it and I wonder why you went back to Texas before this was taken
care of in the first place.
2007-05-13 19:54:53 · answer #2 · answered by Northwest Womps 3 · 2⤊ 0⤋
Of course, anyone can be sued for just about anything.
But, there are so many questions about what happened to you.
Was this person arrested for Assault & Battery (is there a Police record)?
Were there witnesses?
Did you in any way provoke the attack?
What is the attacker's side of the story?
Do you have hospital bills showing they were paid by you?
Is the attacker financially capable of being sued and subsequently you being awarded substantial damages.
Can you afford a Lawyer if you lose the case?
Best check with your choice of legal advice, I don't think you're going to get that here in Answers.
2007-05-13 19:32:09 · answer #3 · answered by GeneL 7 · 2⤊ 1⤋
Yes, you can sue the person who assaulted you but be careful. You want to be sure that if you're successful in your action, he has the money to pay.
An inter-state suit is a lot more expensive than suing the guy next door. The action would have to be initiated in Iowa.
2007-05-13 19:34:48 · answer #4 · answered by Jack 6 · 2⤊ 0⤋
sure you can file a civil case.i hate lawyers but you will have to contact one for your case. you will need a civily and not criminal attorney
2007-05-13 20:29:29 · answer #5 · answered by charlsyeh 7 · 0⤊ 1⤋
your health insurance should cover it.
was a police report filed? if not, then you might be SOL if there were no witnesses.
2007-05-13 19:32:32 · answer #6 · answered by Anonymous · 0⤊ 2⤋