How do we file for medical bills and surgery bills? 16 Answers as of February 07, 2014

My sister was hit on her left face with a pint of beer glass at the bar by a guy. She has gone through multiple eye surgeries and many stitches on her face. But she is only 20 and entered a bar. Because of her underage drinking, is it still possible to sue the guy that scarred her face and eye for him to pay the medical bills and surgery bills? He is also a Co work from her work place. How does this case work?

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Durham Jones & Pinegar | Erven Nelson
Her age is irrelevant. She should sue him for medical bills, pain, suffering, disfigurement, lost wages, etc.
Answer Applies to: Nevada
Replied: 2/7/2014
Law Offices of Carl L. Brown | Carl L. Brown
Yes, it is possible to sue the person who injured your sister. It may also be possible to sue the owner of the establishment where she was injured. I would strongly urge that your sister contact a personal injury attorney to evaluate her case.
Answer Applies to: California
Replied: 1/28/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Stay out of bars! A lot of drunken idiots hang out there.
1) make a police report against the horse's butt that hit her.
2) contact a lawyer about possibly suing the bar for serving the idiot and getting him drunk. 3) see about suing the bar for not throwing the drunken idiot out of the bar before he hit her. 4) explain that going to bars results in bad things happening, due to bad people who go there.
Answer Applies to: Michigan
Replied: 1/28/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Please get a free conference with a lawyer. You can certainly sue the guy, but the real question will be whether or not he is able to pay anything.
Answer Applies to: California
Replied: 1/27/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
There's a possibility you can sue the guy and the bar depending on the facts and circumstances. You may want to talk with an experienced injury lawyer familiar with dram shop cases. If a criminal case is pending, she can get in touch with the prosecutor and get them to make sure that restitution is made a part of any settlement or verdict.
Answer Applies to: Alabama
Replied: 1/24/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Was this carelessness or deliberate? If deliberate it is a type assault and would be the basis for a claim on that account. If carelessness the question might come up whether she in some was also careless. Need more facts. See a good PI lawyer and tell him all the facts
    Answer Applies to: North Carolina
    Replied: 1/27/2014
    The Law Offices of Tim O'Hare
    The Law Offices of Tim O'Hare | Tim O'Hare
    Hi. I am very sorry to hear about your sister. It is possible to sue the guy who did this, despite your sister's age. In addition, the possibility exists that the bar can have some liability, as well.
    Answer Applies to: Texas
    Replied: 1/27/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    This question cannot be answered without many more details. Her being underage will NOT prevent her from recovering.
    Answer Applies to: Illinois
    Replied: 1/27/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    She can sue him and depending on the evidence, get a big judgment, which she may never be able to collect. She can't sue the bar due to being illegally served herself (in NY anyway) but if the bar over-served the guy, then they could be on the hook (again, she will need evidence to prove it). Another idea: suppose this was the unintentional result of an intentional act. That could be negligence, covered by homeowners insurance, if the guy owns a house. So to answer the question how does she file, she needs to get a lawyer.
    Answer Applies to: New York
    Replied: 1/24/2014
    Pete Leehey Law Firm, P.C.
    Pete Leehey Law Firm, P.C. | Pete Leehey
    Yes, she can still pursue a claim.
    Answer Applies to: Iowa
    Replied: 1/24/2014
    Gates' Law, PLLC | Thomas E. Gates
    You need to retain a personal injury attorney. They may raise the underage drinking, but he was still negligent.
    Answer Applies to: Washington
    Replied: 1/23/2014
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    You can go for more than medical and surgical bills. The assailant is certainly liable for personal injuries, and the bar and workplace may be, as well. And, this doesn't include other potential defendants, that may be revealed in detailing this matter. It most certainly should be discussed, for potential pursuit of full personal injury damages.
    Answer Applies to: Michigan
    Replied: 1/23/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes, she can sue although her being there may lead to reduced damages. You really need to go to a local attorney and work out all of the issues. It is possible the bar may be at fault as well and a local attorney will help you figure that out.
    Answer Applies to: Idaho
    Replied: 1/23/2014
    Law Offices of George H. Shers | George H. Shers
    If the incident was work related, she should file a Workers' Compensation claim [office party, birthday celebration, etc.]. That will cover all medical bills, lost wages, and any permanent disability. There might also be a claim for serious and willful misconduct against the employer and a separate suit against the co-employee for an intentional assault. Her being underage did not cause the incident to occur so there would be no negligence on her part. She should consult an attorney immediately as this is a more than usual case as to complexity as to whom can be sued.
    Answer Applies to: California
    Replied: 1/24/2014
    Ganim Injury Lawyers | George W. Ganim
    She may have a possible claim against the co-worker as well as the bar. I would need more information. The fact that she is under age could possibly work in her favor against the bar.
    Answer Applies to: Connecticut
    Replied: 1/23/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    First, a claim or lawsuit against the assailant is appropriate. One would assume he doesn't have the money or insurance to cover this claim. The bar may have general liability insurance. If so, there will be a medical payments provision to the policy. Present the medical bills to the bar for payment under med pay. It is up to a specific limit stated in its policy for medical expenses, without regard to fault, so long as the event causing the injury occurred on its property. Other possible responsible parties might be the employer if the workers were at the bar for some company event. Depending on what went on before she was attacked the bar may have responsibility for not having security or failing to break up the altercation before it got to the level that caused the injuries. These things should be examined to determine the responsible parties and whether compensation is available.
    Answer Applies to: California
    Replied: 1/23/2014
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