A bouncer pushed me aside without warning at a nightclub, then when he walked back by I stepped aside, put my hands up, and mockingly said "ooh watch out". At that point words were exchanged and I was shoved by the bouncer, I do not recall if I shoved back or now. I was then escorted physically out of the bar and into a basement type I believe beneath the club. I was then thrown to the ground and kicked in the head, face, and back repeatedly while I was in a fetal position. Then I was finally sat on a bench and was not allowed to leave for about 5 minutes, then when I tried to enter hotel I was grabbed by another bouncer who then tried to get cops involved even though I was a guest in the hotel. Eventually I was able to get back upstairs to my room without further incident. I woke up the next day with cuts and bruises on my face and head, a couple bruises on my left arm, a cut on my wrist, and an extremely soar back for which I need to get an MRI for. Can I sue?
OK so the first thing you need to do is retain a lawyer here in Florida to send out a preservation of evidence letter via certified mail. This will put the nightclub on notice that any video that they have in their possession needs to be preserved for possible litigation purposes. Secondly, you should file a police report immediately so that you can create a paper trail and have the police department interview witnesses and interview employees and yourself when all the evidence is fresh in the minds of all involved. Thirdly, you should get treatment so that you also create a paper trail of any injury that you have sustained. I have done many of these cases, and bar fights between patrons or between bouncers and patrons usually have a liability policy limit of $25,000-$50,000. So it's important to take all the steps necessary to document your case.
Have you reported this incident to the police? What is the status of the investigation? Are there witnesses? These questions and more can be gone over in a Personal Injury consultaion. We all do this for free initially. Time may be of the essence for evidence purposes and there are deadlines so do not delay in reaching out to a Personal Injury attorney. We cannot solicit you directly.
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