If I sustained serious injuries from a vicious assault, will I be able to sue? 14 Answers as of July 10, 2015

Should I take legal action? I have already taken these men to court. Three men come to my home to take the furniture out of my home due to a divorce. I asked the men to leave several times. Instead they beat me severely. Now I am in constant pain, and have to get lumbar replacement. Is my insurance going to cover this?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Your question is a bit confusing. You ask if you can sue the people who beat you, but it appears that you have already filed a court action. You can sue for these injuries and their consequences but can the wrongdoers, or their employer, afford to pay a judgment? As to your insurance, you should read your policy and check with your insurer or agent.
Answer Applies to: Wisconsin
Replied: 7/10/2015
S. Joseph Schramm | Joseph Schramm
It's difficult to know from the facts you state whether you took these men to court because of a suit arising out of another set of facts, if you filed a criminal complaint against them for the assault or if you have already filed a suit against the in civil division for the assault. If you have already filed a civil suit against them for the assault you will probably be bound by the decision of the the court. If you have not filed a civil suit against them for the assault that caused your injuries you will be able to do so. However, you might find it difficult to enforce any judgment you obtain against these defendants because liability insurance typically excludes coverage for injuries arising out of intentional acts and because the defendants might not otherwise have sufficient assets to seize (e.g. bank accounts, stocks, bonds) to enforce any judgment you might obtain. In the meantime your medical insurance should pay for your medical bills within the terms of your coverage. You should consult an attorney about this matter as you will have two years from the date of the assault to file suit.
Answer Applies to: Pennsylvania
Replied: 7/8/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
If you have medical insurance, it would pay for medical bills. If you have disability insurance, it should pay for wage loss. There is likely no insurance you have that will pay for pain & suffering. You can sue the men and their employer and perhaps make a recovery against them. Collection of any such Judgment could be a problem as it is unlikely insurance, if any exists, would cover their criminal acts; however, it is possible that you may find employer coverage and liability for negligent hiring or the like? As I always encourage, please consult local counsel that regularly handles assault & battery cases for a full analysis of your exact fact pattern. Good luck.
Answer Applies to: Michigan
Replied: 7/7/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Whether or not your insurance covers it, and to what extent, you have a claim against the assailants. Are they collectible to any significant degree, do you know? Did they carry insurance for the work they were doing? Were they working for a company a company would most likely be collectible. This should be discussed in detail, to get you the most possible.
Answer Applies to: Michigan
Replied: 7/7/2015
Morrin Law Office
Morrin Law Office | Robert A. Morrin
If they did not act out of self-defense then you certainly have a legitimate cause of action against them for your medical bills and pain and suffering stemming from the injuries they caused you. You should speak with an attorney about this as trying to collect on your own will be very difficult. I hope this has helped.
Answer Applies to: Kentucky
Replied: 7/7/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    You can sue them, get a judgment, but probably never recover. Deadbeats are deadbeats. If they were charged with assault, you might qualify for the Montana Crime Victims Compensation Act for your medical expenses that are unpaid. There is no "lumbar replacement" surgery. Find a new doctor.
    Answer Applies to: Montana
    Replied: 7/7/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    It is very clear that you need help. You ask whether you will "be able" to sue, then you ask if you "should" take legal action, then you say you have "already taken" the assailants to court. So right off the bat there are three conflicting concepts. As to whether your insurance will cover this, I can only assume you are referring to your health insurance. All I can say is, it's supposed to. The obvious thing to do would be to ask your insurance company that question, and I can't imagine why you have not done so. The way assault cases typically go is that there is legal liability, and often severe injuries, but financial recovery is normally not available because insurance does not cover intentional acts and rich people don't usually commit assaults.
    Answer Applies to: New York
    Replied: 7/7/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Need the details, and you should have a civil action for the damages sustained.
    Answer Applies to: Michigan
    Replied: 7/7/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Sue them and their employer.
    Answer Applies to: Michigan
    Replied: 7/7/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Your homeowners insurance may possibly cover it, but you need to check with your agent. Your medical insurance will cover it, but if you sue the men and their company, your medical insurance will want its money back. And, finally, yes, you can sue the men and their employer. However, if you get with the District Attorney prosecuting them, you can ask him or her to be sure to make them pay restitution. That may be a quicker and easier way to get paid.
    Answer Applies to: Alabama
    Replied: 7/7/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    1. Of course you can sue, but will you ever collect? Do the thugs have assets? Not likely. 2. Insurance? What sort? Read the policy. There are hundreds of kinds of insurance.
    Answer Applies to: California
    Replied: 7/6/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can sue the assaulter and maybe their company. Your home owners will not cover you. Your medical insurance will.
    Answer Applies to: Connecticut
    Replied: 7/6/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Can you describe your injuries and also tell me whether the police showed up and made out a police report?
    Answer Applies to: Illinois
    Replied: 7/6/2015
    Law Offices of George H. Shers | George H. Shers
    Your medical insurance should cover the medical treatment; ask them! If you mean your homeowner's insurance, i doubt it. Since the three probably work for some company, sue all of them. why would you not be able to sue for being beaten up?
    Answer Applies to: California
    Replied: 7/6/2015
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