QUESTION

Do I have a claim against a woman who assaulted me?

Asked on Feb 05th, 2013 on Domestic Violence - Utah
More details to this question:
A woman grabbed me by the face and threw my head backwards, causing me to have to have another surgery done on my neck which had just recently been done once before about 2 to 3 weeks prior to the incident.
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1 ANSWER

Civil Litigation Attorney serving Salt Lake City, UT at Kesselring Law, PLLC
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In general, if a person assaults you then you can recover your damages from the assault.  There are some defenses that can be raised, however, such as consent and self defense.  Therefore you should evaluate the strength of your case before going to court.  An attorney may be able to help you in doing so.  The relevant considerations include whether or not you have any favorable witnesses or police reports, if your doctor would be able to testify that she caused your injury, the amount of money that you have paid out of pocket, the value of your pain and suffering caused by the assault, and the woman's ability to pay any judgment that you might recover.  Depending on where and how the assault occurred, she might even have insurance (e.g. homeowners insurance) that would cover your injuries. If you do decide to go to court, you should also be aware that it is a long, intensive process, and you will likely have to spend a bit of money before you ever will see anything back.  I wish you luck.
Answered on Feb 19th, 2013 at 12:12 PM

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