My husband was punched in the face at work by another coworker. He did not lay a hand on the guy. The police were called and the guy was charged with misdemeanor assault. We went to the hospital and my husband had a fractured jaw. He had to have surgery to correct it and they put arch bars on his teeth with rubber bands so he could not open his mouth. He had to wear those for six weeks, eat an all liquid diet and was out of work for 4 weeks.
We did not file a workmans comp claim. His health insurance paid for almost all of it. We are planning on suing the guy for lost wages, pain and suffering, the cost of the surgery and attorney fees. The surgery was $38,000 (insurance covered most of it).
Will we get the cost of surgery or does insurance get that back?
2007-08-17 07:16:29 · 12 answers · asked by *New Mommy* 3 in Politics & Government ➔ Law & Ethics
Well, Assualt is the fear of being hurt. Battery is actually being hurt (or hit). He should have been charged with both. Sounds like a deal was made there.
You could sue him for it too. Especially for pain and suffering. Get as many witnesses as possible. Should be a fairly straightforward suit. And you could always try for punitive damages, which would be worth up to three times the other compensation you'd get. Those are for when the judge decides to make an example out of someone.
2007-08-17 07:25:40 · answer #1 · answered by Toledo Engineer 6 · 0⤊ 0⤋
The insurance company would get that back. Chances are, the guy has no job now (I certainly hope he got fired) so he wouldn't have enough money to pay for the surgery, plus any lost wages, plus atty fees, etc.
Your attorney would be able to tell you what your chances are of getting anything -- but likely they would recommend that you file a Workman's comp claim -- your employer has insurance that would pay it, and there is money there, where there might not be if you try to sue the guy who hit your husband.
2007-08-17 07:25:39 · answer #2 · answered by mj69catz 6 · 0⤊ 0⤋
You should have had an attorned months ago when this happened. I think you sue for 3 times the amount $38,000 for pain and suffering. Lost wages sue both the employer and the guys that punched the husband. Sue the employer because it is their responsibility to provide a safe working enviroment.. The man with the assault charges was he found guilty or not guilty and what was the punishment...You find out....Trip to the court house with the case number...
2007-08-17 07:28:10 · answer #3 · answered by Gerald 6 · 0⤊ 1⤋
EDIT: don't listen to the ppl who say you shouldn't sue, he was wrong for what he did and the fact that he is your boss should have no influence on the situation. it doesn't matter if the president of the united states hits you, it is still battery. DEFINETLY!!! that is completely wrong of him. personally, i am against the whole dress code thing and think it is wrong but w/e. you said it was your day off so you are entitled to wear w/e you want. you were called to go into your office so that settles the only little doubt that you might not be allowed in your office. he disrespected you by the way he was talking to you when you were completely entitled to wear that and he hit you so that definitely requires you to sue him. it is called battery. try to remember more about what he said to you and if there was any threats of him harming you because that additionally would be assault(threat to do harm and has to be credible threat). write down exactly what you remember happening, what he said to you and take pictures of your bruises and ask around if there was any cameras that picked what happened up as more proof if he lies about it. good luck!
2016-04-01 20:28:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You can sue for medical expenses, lost wages, pain and sufferring and solicitor client costs.
A judge may or may not award all or any of these things depending on the evidence.
Your insurance company would recoup their costs if you win, which is probably better, as it will keep your premiums down.
2007-08-17 07:33:16 · answer #5 · answered by elysialaw 6 · 0⤊ 0⤋
You can get a lawsuit award for everything that the insurance didn't cover, plus if the insurance went up, and everything else that you lost or had to pay for as a result of the incident. You should also get a personal injury lawyer.
2007-08-17 08:26:24 · answer #6 · answered by Hillary 6 · 0⤊ 0⤋
You may not get anything. Does the other guy have any assets your can get? Probably not. Has he been fired????
I'd yell at the company to fire him. An attorney will file suit against Mr Violence and your company. Then your husband will lose his job and no one else will hire him.
Hard choices. Get him fired and ruin his future (like a guy like this cares).
2007-08-17 07:22:10 · answer #7 · answered by Anonymous · 2⤊ 0⤋
I don't think you will get the cost of surgery. To the extent that the insurance company paid it they will get that.
2007-08-17 07:22:59 · answer #8 · answered by Rich Z 7 · 0⤊ 0⤋
The insurance company would get that back. You can not be compensated for a cost you did not have. You are only eligible to obtain the part you paid.
2007-08-17 07:21:11 · answer #9 · answered by Michael C 7 · 2⤊ 1⤋
You can sue for the "moon"; however, anybody that paid anything out for this matter will be entitled to recoup what they paid.
2007-08-17 07:23:02 · answer #10 · answered by John H 3 · 0⤊ 0⤋