QUESTION
If I sustained serious injuries from a vicious assault, will I be able to sue?
Asked on Jul 06th, 2015 on Personal Injury - California
More details to this question:
Should I take legal action? I have already taken these men to court. Three men come to my home to take the furniture out of my home due to a divorce. I asked the men to leave several times. Instead they beat me severely. Now I am in constant pain, and have to get lumbar replacement. Is my insurance going to cover this?
11 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your question is a bit confusing. You ask if you can sue the people who beat you, but it appears that you have already filed a court action. You can sue for these injuries and their consequences but can the wrongdoers, or their employer, afford to pay a judgment? As to your insurance, you should read your policy and check with your insurer or agent.
Answered on Jul 10th, 2015 at 7:05 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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If you have medical insurance, it would pay for medical bills. If you have disability insurance, it should pay for wage loss. There is likely no insurance you have that will pay for pain & suffering. You can sue the men and their employer and perhaps make a recovery against them. Collection of any such Judgment could be a problem as it is unlikely insurance, if any exists, would cover their criminal acts; however, it is possible that you may find employer coverage and liability for negligent hiring or the like? As I always encourage, please consult local counsel that regularly handles assault & battery cases for a full analysis of your exact fact pattern. Good luck.
Answered on Jul 07th, 2015 at 8:30 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You can sue them, get a judgment, but probably never recover. Deadbeats are deadbeats. If they were charged with assault, you might qualify for the Montana Crime Victims Compensation Act for your medical expenses that are unpaid. There is no "lumbar replacement" surgery. Find a new doctor.
Answered on Jul 07th, 2015 at 11:55 AM
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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If they did not act out of self-defense then you certainly have a legitimate cause of action against them for your medical bills and pain and suffering stemming from the injuries they caused you. You should speak with an attorney about this as trying to collect on your own will be very difficult. I hope this has helped.
Answered on Jul 07th, 2015 at 11:54 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It is very clear that you need help. You ask whether you will "be able" to sue, then you ask if you "should" take legal action, then you say you have "already taken" the assailants to court. So right off the bat there are three conflicting concepts. As to whether your insurance will cover this, I can only assume you are referring to your health insurance. All I can say is, it's supposed to. The obvious thing to do would be to ask your insurance company that question, and I can't imagine why you have not done so. The way assault cases typically go is that there is legal liability, and often severe injuries, but financial recovery is normally not available because insurance does not cover intentional acts and rich people don't usually commit assaults.
Answered on Jul 07th, 2015 at 8:47 AM
Ronald A. Steinberg
Sue them and their employer.
Answered on Jul 07th, 2015 at 2:16 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need the details, and you should have a civil action for the damages sustained.
Answered on Jul 07th, 2015 at 2:14 AM
James Eugene Hasser
Your homeowners insurance may possibly cover it, but you need to check with your agent. Your medical insurance will cover it, but if you sue the men and their company, your medical insurance will want its money back. And, finally, yes, you can sue the men and their employer. However, if you get with the District Attorney prosecuting them, you can ask him or her to be sure to make them pay restitution. That may be a quicker and easier way to get paid.
Answered on Jul 07th, 2015 at 2:03 AM
Edwin K. Niles
1. Of course you can sue, but will you ever collect? Do the thugs have assets? Not likely. 2. Insurance? What sort? Read the policy. There are hundreds of kinds of insurance.
Answered on Jul 06th, 2015 at 6:57 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Can you describe your injuries and also tell me whether the police showed up and made out a police report?
Answered on Jul 06th, 2015 at 5:38 PM
Your medical insurance should cover the medical treatment; ask them! If you mean your homeowner's insurance, i doubt it. Since the three probably work for some company, sue all of them. why would you not be able to sue for being beaten up?
Answered on Jul 06th, 2015 at 5:23 PM