QUESTION

Should I sue and would I win if I was stabbed by the bar owner in their establishment?

Asked on Jan 07th, 2015 on Personal Injury - Michigan
More details to this question:
I was hospitalized in the heart and cardiac unit in a hospital. I had 5 to 15% of my left lung collapse. I was stabbed 3 times. One in my back by my colon which I have a lot of pain from also.
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7 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I would need more details to form an opinion. Certainly you have a right to sue for your medical costs, pain and suffering if the stabbing was wrongful.
Answered on Jan 08th, 2015 at 9:47 AM

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Ronald A. Steinberg
Well, first, this is a criminal case. A person can use lethal force ONLY IF THEY ARE IN REASONABLE FEAR OF IMMEDIATE BODILY INJURY OR DEATH, and they are only entitled to use enough force to relieve the threat. Second, if this can be proven as not being a justified act by the bar owner, then you can sue for civil damages. The standards in the criminal case are different than in the civil case. Good luck.
Answered on Jan 08th, 2015 at 9:45 AM

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I would need a lot more information to properly answer your question. You would be suing for a battery and would have to satisfy all elements of that claim. You would additionally have to overcome any defenses, such as self-defense, that the bar owner may have.
Answered on Jan 08th, 2015 at 9:45 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Quite possibly. Were they convicted of crime? That's the key.
Answered on Jan 08th, 2015 at 9:44 AM

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Criminal Defense Attorney serving Southfield, MI
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I would be very interested in discussing that with you.
Answered on Jan 08th, 2015 at 9:41 AM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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In general a stabbing is intended and therefore not covered by insurance because it is not an accident, it is intentional. You can still sue and you can still win but you may not collect any money.
Answered on Jan 08th, 2015 at 9:40 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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If you can prove that the bar owner injured you without any valid defense for doing so (ie: self-defense, etc.) then you should have a viable case for your injuries. No liability policy will cover intentional or criminal acts however, so unless the stabbing was "negligent" there will be no liability insurance coverage for the bar owners wrongful acts. You will be left to collect any damage award from the individual assets of the stabber (or possibly the establishment, depending on the specific facts of the case). You may also be eligible for compensation from the Crime Victim's Compensation Fund - again depending on the specific facts of the incident, whether you have available medical coverage, etc. Your best bet is to consult a local Michigan attorney that is willing to handle assault cases and to have your matter investigated.
Answered on Jan 08th, 2015 at 9:40 AM

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