QUESTION
Can my sister sue for aggravated assault?
Asked on Aug 05th, 2013 on Personal Injury - Florida
More details to this question:
My sister got out of her car at a red light and went to talk to the driver in front of her that had cut her off several minutes before. She hadn't said a word before the driver lunged out of his car and beat her unconscious in the middle of the street. Her tooth was knocked out and had to be sewn back in. With a good lawyer, what can she sue for? Hospital bills, pain and suffering, damages, therapy for PTSD?
11 ANSWERS
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes she can sue for all of those things. Hopefully she reported this to the police.
Answered on Aug 06th, 2013 at 11:53 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Aggravated assault is a criminal charge. You sister should file a complaint with the police. As part of adjudication of the criminal case, the court will order the assailant to compensate your sister for all the damages he caused. A criminal court's judge can award a much higher value to your sister's pain and suffering than a civil jury would. And she will not need a lawyer: District Attorney's office will prosecute the case. If she does not get fully compensated by the criminal court, your sister can bring a civil suit for assault and battery, and for personal injury, and for intentional infliction of emotional distress. With a criminal conviction of her assailant, it will be a relatively straightforward case. If the assailant does not get convicted by a criminal court, a civil suit will remain very much possible (remember O.J. Simpson case?). So, my advice is to talk to the police and the District Attorney, first.
Answered on Aug 06th, 2013 at 2:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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She can sue for the moon, but there is no insurance for such things so how will she collect if she gets a judgment. That is the problem. Do a credit check on the driver and see what he owns before you sue.
Answered on Aug 06th, 2013 at 12:09 PM
Thomas Edward Gates
Yes, she can sue the individual. Not enough information was given on the causes that she can sue on.
Answered on Aug 06th, 2013 at 11:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, she has a suit. Was the individual who attacked her prosecuted? And perhaps more importantly, it's the individual collectible. Additionally, she should be looking into various insurance coverage which might be available to her.
Answered on Aug 06th, 2013 at 10:29 AM
Yes she can sue for that.
Answered on Aug 06th, 2013 at 10:23 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, all of that. But there is also the question of collecting. She might get a verdict for big bucks, but does he have the means to pay it?
Answered on Aug 06th, 2013 at 10:16 AM
James Eugene Hasser
Yes, but the question is will she be able to collect? Insurance policies do not cover intentional and criminal acts as a matter of contract and public policy. However, if the case is handled right, and not "over-proved", you might get coverage. I'm sure criminal charges are pending. Be sure she gets with the prosecutor and gets them to make sure the judge orders restitution as part of any sentence imposed.
Answered on Aug 06th, 2013 at 9:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All of that sounds good. I just hope the creep has the money to pay.
Answered on Aug 06th, 2013 at 9:40 AM
Ronald A. Steinberg
Yes, but a crime was committed, so she should make a police report and pursue criminal charges.
Answered on Aug 06th, 2013 at 9:32 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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All of the above, including punitive damages for the battery. Assault is just the tort of putting someone in fear of immediate harm, but battery is the actual act of causing the harm. She might be able to get her medical bills paid for under the PIP portion of her automobile insurance policy, since it involved the car.
Answered on Aug 06th, 2013 at 8:50 AM