At a friends Christmas party, as things were calming down, a friend and I were having a political discussion. A minute later, a friends boyfriend joined the discussion, didn't like what I had to say and hit me in the head with a bottle. In trying to restrain him, I rolled my knee and tore my ACL. I did not want to press charges or file a report, but now that I see the cost and the time I will be off my feet I really feel I should. At this point is is 4 days after the event (Christmas day) and am wondering if I could still file a report or if I even have a case.
You can consult a local personal injury. Since there appears to be damages, and this individual was the cause of the damages, then you very well may have a case. As for a police report, you can certainly still file one, but keep in mind that it is very possible that the individual will then be arrested.
You certainly can sue the person who injured you. You might even get a judgement against him. The real question becomes could you ever collect on that judgement? Unless he has serious assets, I doubt it.
There is likely little value in pursuing the claim unless the individual has available assets to satisfy the claim. Seek guidance Ftl
A local personal injury attorney
You certainly have the right to file a claim against the individual who hit you. Collection is a long shot. One possibility, however, is if the owner of the home had homeowners insurance and somehow caused or contributed to the accident. Under a very specific set of circumstances, you might be able to recover under a homeowners policy. Speak with an attorney and provide a comprehensive chronology leading up to incident.
You may have a viable case, but I question if this person has any attachable assets or insurance. If he has nothing, then you cannot get anything, and usually, such people are judgment-proof. Contact one of us to discuss the issue if you feel this person is collectable.
You should file a police report immediately to document what happened and to preserve your rights down the road, as you do not know how your injuries are going to shakeout. Do you have health insurance? Will you have out of pocket medical expenses? Find out if the home where you were at has homeowner's insurance. if they do, they may have "med pay", whioch would pay your unreimbursed medical bills. The use of "med pay" has nothing to do with who was at fault.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
There may be a claim against the homeowner's insurance if the owner was negligent in inviting this person, so have a local personal injury lawyer investigate. has a great lawyer finder tool to locate an attorney close to your home. Good luck.
We have handled a similar case there. People should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRES knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions of dollars on their side to say nothing is wrong or fight the claim.
Call an experienced local Florida lawyer to discuss this further. Board Certification is a hallmark of a great lawyer according to the Florida Bar. As you are often paying the same contingency fee, you should choose a lawyer with experience and credentials as it doesn't cost you any more.
Sorry this happened to you. You could sue for this intentional tort, but unless the person at fault has a lot of money you might not be able to collect the judgment, if you won the case. Whether a homeowners insurance policy, if the homeowner has one, would possibly cover the loss would depend on the language of the insurance contract. Any policy would likely include an "intentional act" exclusion, so the insurance of the person who hit you would almost certainly not apply. If the homeowner of the house where you were hurt has insurance and was negligent in some way their policy could possibly cover the loss.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
File a police report and ask to have the person arrested for assault and battery. You should investigate if there is a victims compensation fund which could help pay some of your expenses. Ask if there is a victim's advocate in the prosecutor's office.
You have the ability to sue him for the damages, however, your damages will not be covered by the offender's insurance policy, if any, because it was an intentional, deliberate act.
You should contact the homeowner where the incident occurred, and file a claim under the homeowner's Medical Payments coverage of their homeowners insurance policy to help pay on some of your medical expenses. You should be entitled to coverage up to the limits of the policy in question.
You then should speak with a civil attorney about representing your interests. The problem with this type of an incident is that the offender is oftentimes judgment proof. Your attorney can advise you.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.