QUESTION
Can I file a personal injury lawsuit after an assault?
Asked on Apr 27th, 2011 on Personal Injury - Oregon
More details to this question:
I was assaulted with a knife last year and suffered a fracture trapezium, severed nerve, severed artery, and two severed tendons. The offending party was a legal adult, 18, but it occurred on his father's property, so I am pursuing a suit against his insurance company. After he cut me, he called the police and told them it was a suicide attempt. I have gone to the police department several times trying to get a criminal warrant and was not even told that there was a self injury report until about the fifth time going to them. I also cannot get the information needed to file the criminal warrant because he is the one that made the phone call and thus is the only party that the info can be released to.
I am positive that the monetary damages will far exceed the amount that the insurance company is required to pay. If the judge decides that I am to be paid more than this, what are my options to receive this if he is unable to pay the extra sum (almost certain that this is the case) or if I send him to prison and does not have wages to garnish? Also his father did not even contact the insurance company until I left a note regarding this incident on his porch and has not once contacted me, so I'm wondering if I can in anyway pursue some sort of negligence case against his father? What are my options as far as pursuing a case against the police department?
10 ANSWERS
Lee Ciccarelli
Friend, insurance companies have refined and perfected the game of taking advantage of the unrepresented victim. A billion dollar company can afford to hire representatives superbly trained to manipulate and cajole a victim to take less than a just settlement. Consider speaking to an experienced personal injury lawyer. Our office provides a free initial case evaluation.
Answered on May 05th, 2011 at 10:56 AM
Personal Injury Attorney serving Cincinnati, OH
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O'Connor, Acciani & Levy, LPA
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In Ohio and Kentucky you must file a lawsuit for an intentional tort within one year of the attack or you are forever barred from bringing a claim. Also, insurance will not normally cover an intentional tort such as assault. Insurance usually only covers negligence. As for a criminal complaint, if you file a criminal charge against this person, the police have to investigate. You may want to find out if they did an investigation, and what the result of that investigation was. You need to meet with an attorney as soon as possible for you may miss your statute.
Answered on May 05th, 2011 at 9:27 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are getting civil and criminal scrambled like eggs. You need a lawyer to advise you. Normally you cannot get insurance to cover an assault like this. In the criminal case if he were found guilty the judge might order him to pay your medical bills as a condition of probation. Also might not. Money damages are for civil cases. Insurance usually covers negligence, not deliberate assaults. If you are talking about medicals payments that is different too. Get you a lawyer to advise you.
Answered on May 03rd, 2011 at 9:17 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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The police will have immunity so it will be difficult to get around that defense. As to the father of the adult defendant, it will also be difficult, unless he somehow caused your injuries, but it does not appear to bethe case. The defendant would be responsible for the judgment, if any, that you obtain, beyond the policy limits. But it maybe hard to collect, especially, if he is in jail and has no assets. By the way, even the insurance company may denycoverage, depending onhow the incident happened and who and what was covered under the policy. You need to contact an attorney to handle this claim,assoon as possible.
Answered on May 01st, 2011 at 4:27 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Intentional torts are not covered by insurance. You would need to sue the offender directly. Sounds like a tougher case without a conviction.
Answered on Apr 29th, 2011 at 12:13 PM
Theodore W. Robinson
Yes, you can sue for Assault by the knife attack, however, because of the initial report being an attempted suicide, you may have a difficult time proving your case against him because he set you up with that first phone call. Speak to a local civil lawyer who also does criminal law to get the best advice. Good luck.
Answered on Apr 29th, 2011 at 11:41 AM
Herbert Farber
Violent crimes can often lead to a personal injury claim. When a person is attacked or victimized, the victim the may recover compensation for their serious personal injuries by filing a civil lawsuit. Criminal cases require a standard of proof which is beyond a reasonable doubt and civil suits require a lesser standard.
In Washington state, the law allows for a civil action if there was an infliction of bodily injury and the defendant acted intentionally, recklessly or knowingly. To prove your case, you will need to demonstrate you experienced pain, illness or injury due to the assault.
We recommend you cease from contacting the person who injured you and arrange a consultation with a qualified Washington personal injury attorney.
Answered on Apr 29th, 2011 at 11:29 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is highly unlikely that you could pursue a case against the police. Based on a doctrine known as the Public Duty Rule, police have almost absolute discretion in deciding whether to pursue criminal charges. I think it will be difficult to pursue the father for negligence based on the facts you have given me. He is not negligent just because a member of his family attacked someone on his property. You would have to show that he should have known this would happen, that he had some duty to prevent it, and failed to prevent it. You definitely have a case against the perpetrator. Unfortunately, it may be impossible to collect a judgment against him. There is no wage garnishment in South Carolina to collect judgments. Usually, you can collect a judgment only if an individual owns real estate, or has a large sum of money in cash and/or investments. You best chance is if the father's homeowners insurance covers intentional torts committed by household members. It may be worth you while to find an attorney willing to pursue such a claim.
The police incident report is a public record that should be available to the public. Write a letter stating that you request it pursuant to the SC Freedom of Information Act.
Answered on Apr 29th, 2011 at 11:12 AM
Workers Compensation Attorney serving West Palm Beach, FL
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You need to contact personal injury attorney but could be difficult case because of insurance issue and no guarantee to collect from person who stabbed you.
Answered on Apr 29th, 2011 at 11:06 AM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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I am sorry to hear about the injury he sustained, especially under the circumstances, and the difficulties you have had since. Certainly, you have a claim against the person that committed the assault. It is possible you may be able to make a claim against the homeowners insurance if the son resided within the household. However, most insurance policies did not cover for intentional actions. You would need to try and find the way around some of these issues.
Answered on Apr 29th, 2011 at 11:06 AM