Can I sue someone who assaulted me?
I was brutally assaulted. There was a witness and a police report stating aggravated assault. I have already pressed charges on the guy. I had to miss 4 days of work and the medical bills are piling up. I had to get stitches and have a huge scare on my head. I was lucky he did not kill me. Can you please tell me what I can sue for? How much money needs to be involved to make it a good lawsuit? I have suffered medical damages, pain and suffering, lost wages, and now have to take regular medication.
Answered By: Law Office of Mark J. Leonardo
Yes assault and battery are torts entitling you to tort damages medical expenses, loss of earnings, pain, suffering and inconvenience. The severity of it all determines the value of the case. If you have a 1mm scar on your forehead vs a 4 inch scar, the latter is worth more obviously. The value is what a judge or jury places on the harm caused to you. Since it is an intentional tort, you are also entitled to punitive damages. This ranges up to a maximum of 9 times your underlying damages. So if your medicals and loss of earnings, etc. come out to $50,000, the maximum punitive damages you can receive is 9 times that amount, or $450,000. But a jury is not told that formula and the defendants net worth comes into play. If Bill Gates hit you, you would get the $450,000. If it was a homeless person, you would not get much of anything.
Answer Applies to: California
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
Yes, you may sue. Not enough info for the balance of your query. See a competent PI attorney with your medicals and police reports.
Answer Applies to: California
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/28/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Personal Injury
- If I was uninsured in an accident, do I just pay the medical deductable for the person if they were injured?(12/28/2011)
- Where can I get help to pay for medical bills after a slip and fall?(12/8/2011)
- How is negligence determined in personal injury cases?(11/17/2011)
- How should I receive compensation from a car accident?(11/9/2011)
- Should I sue because of the accident?(11/9/2011)
- Can I still sue for a possible malpractice that happened years ago?(11/9/2011)
- Can I file a personal injury lawsuit if I was abused?(11/9/2011)
- Should I file a malpractice personal injury lawsuit?(11/9/2011)
- Who is legally responsible if a minor gets into a car accident?(11/9/2011)
- Can I sue after being involved in a house fire?(11/9/2011)
- Can I sue the brand name company for product liability?(11/9/2011)
- Can I sue the hospital if I was injured during child birth?(11/9/2011)
- Would the groomer be responsible for the vet bill?(11/9/2011)
- What can my wife do if she is being accused of causing an accident?(11/9/2011)
- Are you responsible for damages if an accident happened on private property?(11/9/2011)
- What should I do if my employer assaulted me at work?(11/9/2011)
- Can I sue the babysitter for negligence?(10/27/2011)
- If I was at fault in a car accident, should I still hire a personal injury lawyer to defend my case?(10/27/2011)
- How do I know if I have a legally valid personal injury claim?(10/26/2011)
- Is it possible to get paid for past medical treatments?(10/17/2011)
