QUESTION

Should I hire a personal injury attorney to sue a driver that punched me in the face after a car accident?

Asked on Apr 28th, 2020 on Personal Injury - California
More details to this question:
After a minor fender srape, where the other driver had road rage, after I stopped and approached him. He hit me in the face. I went to the doctor. Swollen and pain for a week. Minor cut. Broken glasses. Should I sue him or let it go?
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1 ANSWER

Personal Injury Attorney serving Orange, CA
2 Awards
You could assert claims of assault, battery and this may surprise you - negligence.  Without more details, it is difficult to provide a comprehensive analysis of the elements of each cause of action as they would apply to your claim.  Questions include whether there were any witnesses to the altercation and whether the collision/altercation were reported to law enforcement. Based on the facts presented, it appears you would have a reasonably good chance of proving liability.   A factor to consider is whether the value of your claim justifies the expense and emotional investment of a claim/lawsuit.  Your damages could include past, present and any future physical/emotional pain, suffering and economic losses.  Relevant are the nature/extent of your injuries, amount of paid and future medical bills, past and future loss of earnings and the value of your broken glasses.  Punitive damages are also a possibility if you prove assault/battery, the amount of which depends on factors beyond the scope of this answer. Bear in mind, insurance companies do not cover punitive damages.  Another factor to consider is the potential for payment of any damages awarded.  If you allege and prove negligence, insurance coverage may provide a source of recovery from the other driver. Sometimes insurance companies, even those that question coverage, will settle a claim to avoid defense costs.   To summarize, you should at least consult an attoreny to discuss whether it would be economically feasible to pursue a bodily injury claim.  Bear in mind, California Code of Civil Proedure Section 335.1 requires an adult individual (plaintiff) to file a lawsuit within two years from the date of the intentional/negligent act.  After that, a personal injury claim would be barred.         
Answered on May 12th, 2020 at 10:17 AM

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