Can I file for any claim if I have been injured in a fight at a bar a year ago? 14 Answers as of March 03, 2014

I was hit unconscious at a bar a year ago by a civilian during my Marine Corps Ball. I didn't initiate the fight and I had nothing to do with it. A fight broke out and a guy hit me and I fell unconscious. I had to go to the emergency room afterwards to check up my nose. It wasn't broken but was swollen for weeks and I had to pay out of pocket for the medical bills. Can this be filed to get my money back from the bills?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I have to use Michigan law to answer this. If you can identify the assailant, then you should file a police report and prosecute the idiot.. If you can prove that he was known in the bar as being a troublemaker, then you could sue the bar for its failure to give you a reasonably safe place to be. If you can prove that he was sold booze when he was obviously intoxicated, you could sue the bar under the Dram Shop Act. Of course, you can always sue the idiot for injuring you, and if you can identify him, you should do that.
Answer Applies to: Michigan
Replied: 3/3/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You can sue the guy who hit you. fat chance you will ever collect. Don't know of anyone who ever collected anything in a bar fight. Jurors and judges don't care for them.
Answer Applies to: North Carolina
Replied: 2/18/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
YES, contact a local personal injury attorney, immediately. Find an experienced Personal Injury attorney here on Law QA. Attorneys on Law QA want to help you but we are not permitted to solicit your business. You must contact us.
Answer Applies to: Illinois
Replied: 2/18/2014
Law Offices of George H. Shers | George H. Shers
In California you have up to two years in which to file suit against a person for personal injuries. The bigger problem is being able to collect as if the other person has no assets there is nothing you can attach, as there is no insurance coverage for intentional acts.
Answer Applies to: California
Replied: 2/14/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
You have a good claim against the hitter. But what did the bar do wrong? You have to prove negligence on the part of the bar-tender.
Answer Applies to: California
Replied: 2/14/2014
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    I'd say yes, with further claims for pain and suffering, etc. The bigger problem is collectability of the assailant. Any insurance he might have would probably not apply, because he was fighting - an intentional act, which generally precludes insurance coverage. However, since he was not actually fighting you, it could be said that the battery upon you was not intentional, and perhaps even negligent. A homeowner policy may cover that. Your better claim may be against the bar, for inadequate security or serving a drunk, or the bar's security company, if it's a separate entity. Do you have any residual injuries? How are you feeling now?
    Answer Applies to: Michigan
    Replied: 2/14/2014
    Law Offices of Carl L. Brown | Carl L. Brown
    You certainly may file a claim against the assailant up to 2 years after the incident in most cases.
    Answer Applies to: California
    Replied: 2/14/2014
    Ty Wilson Law
    Ty Wilson Law | Ty Wilson
    You have a claim, however I suspect you will have to find out who was supposed to be providing security at the ball and bring them in as the owner and the security group will point the finger at each other. Good luck.
    Answer Applies to: Georgia
    Replied: 2/14/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    In Iowa your choices would be several. You could send him a letter asking him to pay, if he does the matter is resolved. You could sue him in small claim court and be limited to $5000 in damages. Or you could sue him in district court with no limit on the amount of damages.
    Answer Applies to: Iowa
    Replied: 2/14/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    These kinds of cases are difficult. Witnesses don't want to admit that they saw anything, different people have different recollections, etc. If you can prove that he was served alcohol illegally, then you can go after the bar. But the proof of that is difficult as well, for the same reasons.
    Answer Applies to: New York
    Replied: 2/14/2014
    Gates' Law, PLLC | Thomas E. Gates
    If you know the individual, then you can sue him if he refuses to pay for your medical expenses. If the expenses are under $5,000 you can sue in small claims. If over, then you would have to sue in Superior Court.
    Answer Applies to: Washington
    Replied: 2/14/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Sure, if you know who the person is that hit you. You may consider suing the bar. Their insurance may cover it as a matter of course.
    Answer Applies to: Idaho
    Replied: 2/14/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    If the guy that hit you has not already been prosecuted, you can ask the judge to order restitution as part of any sentencing or plea bargain. If not, you can sue the guy if you know who he is. If not, if you can show the bar somehow was responsible for the guy hitting you, (i.e. by over serving the guy that hit you or some other way), you could possibly go after the bar. If you are only looking to get your bills paid, and the bar has insurance with a med pay provision in it, the insurance company may pay your medical bills only. Good luck.
    Answer Applies to: Alabama
    Replied: 2/14/2014
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    If the business has med pay insurance, you may be able to file a claim ,provided you can establish that your injuries were incurred there. Was a report made? Witnesses?
    Answer Applies to: Florida
    Replied: 2/14/2014
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