What can I do if someone choked me? 18 Answers as of December 30, 2011
I was attacked and choked by my ex's landlord. He had removed her front door and wasn't replacing it, so I was just there to make sure she was going to be okay until the matter was resolved. I had walked outside to the parking lot and was approached by a man who asked which apartment I was coming from. When I told him, he replied that we should just get our stuff and leave. My response was that her belongings weren't secure and that I was staying until they were. After bantering back and forth a few times about tenant rights he sort of snapped and lunged out and began choking me. I had a friend in the car who witnessed the whole thing and she called the police. I was also voice recording through my phone. Anyways, the witness left before the police got there so they only got my statement and once they get hers they will prosecute. However, I am wondering if I can sue for emotional suffering.Free Case Evaluation by a Local Lawyer!
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E. Ray Critchett, Zaino & Humphrey, LPA | Ray Critchett
Generally, if someone physically attacks you, you may have a claim against them for assualt and/or battery even if the police did not choose to prosecute the claim.
Answer Applies to: Ohio
Replied: 12/30/2011
Lombardi Law Firm | Steve Lombardi
You can probably sue, but without damages it will not be worth your time and the courts' time.
Answer Applies to: Iowa
Replied: 12/27/2011
Klisz Law Office, PLLC | Timothy J. Klisz
Not really. If you have actual physical injuries, you certainly have a case, but emotional distress alone is not usually enough. My advice is different is you are actually seeking psychiatric or counseling treatment.
Answer Applies to: Michigan
Replied: 12/21/2011
Adesina Law Office, P.C. | Adebayo Adesina
All things being equal. Yes, you do have a claim. However, I will need to know more facts. It also, sounds like your ex might have a claim against the Landlord for wrongful eviction if the Landlord used "self help" to evict her from said apartment.
Answer Applies to: Illinois
Replied: 12/21/2011
McKell Christiansen | Michael McKell
Yes you can sue. You could bring a civil lawsuit. However, your problem will be building a strong case with independent witnesses. If you can build a strong cases with good independent witnesses you could move forward or even involve your witnesses with the police in an effort to see criminal actions brought. If you bring a civil action, you will also need to show how you have been damaged. I would make sure are clear on your damages which should include medical records and/or a medical diagnosis. Good luck!
Answer Applies to: Utah
Replied: 12/21/2011
The Margolis Firm | Charles J. Candiano
If you were not injured, you have no case. To support a case for emotional distress, you should have real, physical injury AND a psych evaluation confirming your diagnosis AND treatment for emotional trauma.
Answer Applies to: Illinois
Replied: 12/21/2011
Joel H. Schwartz, P.C. | Steven A. Schwartz
You may have a claim for a civil assault and battery. However, because this is an intentional act, there is no insurance to cover this. You would have to go after this person personally and try to get to his assets. I don't know of any attorneys that would take this kind of case on. My best suggestion is to call the Massachusetts Bar Association referral service at 800-392-6164. Good luck.
Answer Applies to: Massachusetts
Replied: 12/21/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
You can sue for assault and battery. See Garratt v. Dailey, 46 Wn.2d 197, 279 P.2d 1091 (1955). You can read relevant cases on the MRSC website. It might not translate to a huge amount of money but maybe small claims court would be appropriate.
Answer Applies to: Washington
Replied: 12/20/2011
Law Office of Jason D. Baltz | Jason Daniel Baltz
You can sue for battery, although it does not sound like your damages are that high. Your ex, however, may want to look into the Wisconsin Administrative Code ATCP 134 to see if any of her rights were violated by this landlord. If the landlord did some prohibited acts, then your ex may be able to recover twice her damages, costs and reasonable attorney's fees.
Answer Applies to: Wisconsin
Replied: 12/20/2011
Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
If the facts are as you described and you can prove them you have a claim for assault which is an intentional tort for which monetary damages can be awarded.
Answer Applies to: Georgia
Replied: 12/20/2011
David F. Stoddard | David F. Stoddard
You would await the outcome of the criminal charges before you sue. Any suit might affect the criminal case (the defense can argue that you trumped up the criminal charge so that you could get money). If you have emotional damage, you can sue. You will have to prove your damage.
Answer Applies to: South Carolina
Replied: 12/20/2011
Attorney & Counselor at Law | John Hugger
For an intentional assault and battery in Colorado there is a one year statute of limitations to commence an action. Physical damages for out of pocket medical bills are always easier to recover than emotional damages.
Answer Applies to: Colorado
Replied: 12/20/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You must be kidding: emotional suffering? You were a trespasser. He asked you to leave. You did not. He was wrong to assault you and is guilty of criminal assault. If you have medical bills the judge will likely make him pay them as a condition of probation.
Answer Applies to: North Carolina
Replied: 12/20/2011
Meyer & Kiss, LLC | Daniel Kiss
You can sue under a state law claim of battery. You can also add a count for Intentional Infliction of Emotional Distress (IIED). You might want to wait until the criminal case against the landlord is done, because the civil court will probably put the case on hold ("stay" the case is the legal term) until the criminal case is finished.
Answer Applies to: Illinois
Replied: 12/20/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Yes, do not think it is worth more than a small claims amount, but yes.
Answer Applies to: California
Replied: 12/20/2011
Terpak Law | Stephen Michael Terpak
Choking is a battery under Virginia law, and is considered an intentional tort. You could receive an award for any related out of pocket expenses plus pain, suffering, humiliation etc. You can also receive an award of punitive damages (to punish) because the tort was intentional. However, if you were not injured and only suffered slight emotion suffering, you may not win much in court, depending on the jurisdiction. Many jurisdictions in Virginia are conservative when it comes to personal injury lawsuits.
Answer Applies to: Virginia
Replied: 12/20/2011
Carter Boyle LLC | Nelson Boyle
You might have a lawsuit for assault, battery, and infliction of emotional distress. There are issues that need to be resolved and that you should discuss with your lawyer. First, does the person that assaulted you have assets that can pay the judgment, if you win. Second, do you have money to pay your attorney, or would you want to proceed on a contingent basis. Third, what is the likelihood of success. Your attorney might want to take the case on an investigative basis, hire an investigator to interview witnesses, and wait until after the criminal proceeding against the assailant is completed. Depending on the results of the investigation, you might have a good lawsuit, even if you may not collect a large amount of money, because people that attack others should be held accountable and made to take personal responsibility for their actions.
Answer Applies to: Colorado
Replied: 12/20/2011
Ford, Howard & Cornett, P.C. | Bradley Cornett
What you describe is an assault. Such behavior is a tort under Alabama law. You may seek compensatory damages. Under the circumstances, you might also be entitled to punitive damages.
Answer Applies to: Alabama
Replied: 12/20/2011
