Should I sue after being assaulted? 27 Answers as of February 17, 2012

You should get a warrat for assault. The judge will likely make the dude pay your bills as a condition of probation. You can sue in the Judge Judy (small claimcourt ) for up to $5000

Being assaulted with a bat is , I think, fairly serious. I hope the assaulter is being prosecuted criminally. Your first obligation is to yourself. You can take care of that by filing a complaint and working with the DA/cops and by making sure that your physical injuries are prioperly treated before going and while at work. You may receive compensation for the medical expenses out of pocket, your lost wages, both for being treated and attending any court proceedings if required (going because you want to see justice is not compensable) . There may be other dmages you are entitled to through the criminal system. You are also entitled to compensation for pain and suffering for the assault, including emotional distress. You have to sue for the latter. Take care of the meds and then see a good PI attorney.

You should contact an attorney to determine the value of your claim, including but not limited to any lost wages and medical expenses you may incur now and in the future. With an assault, you may be entitled to recover punitive damages as well as compensation for your pain and suffering.

You certainly can sue and, based on the information provided, you should sue. Assault and battery are two different avenues for suit and it appears they would both apply here.

Suing for an intentional act like an assault is possible, but getting paid is the hard part. Insurance generally covers only negligent acts, so if the defendant has home owners insurance it may cover your injury if the defendant accidentally knocked you down the stairs, but it would likely exclude assaultive behavior. When a potential client comes to me after being assaulted, I try to find out if there are any third parties that can be held responsible for negligently allowing this to happen (employers, bars, etc.). I also look to see if I can work with the district attorney's office to make sure the defendant is held responsible in the criminal arena. Oftentimes I am able to get restitution for my crime victim clients and / or negotiate a civil settlement along with the criminal case. I would suggest that you consult with a personal injury attorney that specializes in representing crime victims to determine if you can be compensated for your injury.

Unless the person who struck you can claim reasonable self-defense, you have the right to seek recovery from him/her for your injuries and consequential damages.

You should retain an attorney. Although insurance usually can't cover an intentional assault, sometimes there are alternative theories that may allow coverage. The problem with suing a perpetrator directly is usually that he doesn't have sufficient assets to pay a judgment. Of course, you can call the police, and if the defendant gets found guilty, the court can order restitution, too, but that usually isn't enough money to really make it right.

One option is to file a lawsuit charging the assailant with the intentional tort of battery. In New York, the statute of limitations on this type of claim is one year. Under New York law, damages in this type of case may include those to compensate you for lost earnings, pain and suffering, and medical expenses resulting from the incident.

You should first check with the prosecutor who is prosecuting this person - it may be you can recover your lost wages and other out of pocket expenses from the person who hit you as a part of the resolution of the criminal case against him. There is also a 'victim compensation' fund in each county you could apply for benefits from and then the person that hurt you would have to pay them back.

Couple ways to do it. First, have the person arrested and ask the ADA to make restitution part of the case. This would make the person that whacked you pay for your medical bills, lost time from work, etc. Also, you may qualify for assistance with the Crime Victims Board. Google it. Lastly, you can pursue them for your injuries but, they likely will not have any insurance coverage as this was an intentional act. Hopefully, this person has money or the ability to get it. See a personal injury attorney on it. They may also be able to see if there are other parties partially responsible for your injuries due to lack of security, etc. Good luck.