Can I sue someone who assaulted me?

I was brutally assaulted. There was a witness and a police report stating aggravated assault. I have already pressed charges on the guy. I had to miss 4 days of work and the medical bills are piling up. I had to get stitches and have a huge scare on my head. I was lucky he did not kill me. Can you please tell me what I can sue for? How much money needs to be involved to make it a good lawsuit? I have suffered medical damages, pain and suffering, lost wages, and now have to take regular medication.

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Answered By: Timothy Jones, Attorney at Law

The short answer is yes. Additionally, your damages are more than sufficient to pursue a claim. The difficult issue in all assault cases is where the funds will come from to satisfy a judgment. Intentional wrongdoing typically defeats the application of any potential insurance policy. You will then be left with pursuing the assets of the wrongdoer, provided they have an asset worth pursuing.

Answer Applies to: Oregon
Replied: 11/1/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Vincent J. Bernabei LLC

For claims worth less than $7500, you can recover attorney fees. Your claim is probably worth substantially more than that, so you will have to pay your own attorney fees out of the amount you collect. You should contact an attorney who can give you a good estimate as to the value of your particular case. Most attorneys won't charge you for an initial consultation and will take your case on a contingency fee basis. That means the attorney gets paid only when and if you get paid.

Answer Applies to: Oregon
Replied: 10/31/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Josh Lamborn, P.C.

Yes, you can sue someone who assaults you. The question is whether the person has any assets to pay a judgment when you win. Most personal injury lawsuits are covered by insurance. However, most insurance policies do not cover intentional acts. Therefore, the company is not likely to indemnify the defendant in your case because he intentionally hurt you. In the past I have been able to get the District Attorney to agree to offer the defendant a plea to a lesser assault charge that only requires reckless conduct and the defendant's homeowner's policy accepted the claim. However, that is unusual. How much your claim is worth depends on a whole host of factors, including your injury, how well you present, the defendant, etc. You should meet with a personal injury attorney that specializes in representing victims of crime so that you can get a more comprehensive evaluation of your case. Most PI attorneys will consult with you for free and if they take your case many front all of the expenses and work on a contingency fee basis.

Answer Applies to: Oregon
Replied: 10/28/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.