QUESTION
Should my son file harassment, assault and battery charges, or a lawsuit after being beaten up at a bar? How?
Asked on Apr 21st, 2015 on Personal Injury - Utah
More details to this question:
My son was beaten up at a local bar he goes to by 4 to 5 guys, and was beaten so badly he blacked out. He lost the use of his right arm for a while, and he is still having a lot of pain in his shoulder, neck, and head areas. The police are trying to get to file harassment charges, but we believe he should file assault and battery charges. She we file a lawsuit?
12 ANSWERS
It is the police, and not your son, who decide what criminal charges to arrest the others on. The DA then decides what charges to press. In addition, he should file a civil suit against the three men who beat him up, and perhaps the bartender and bar owner if they knew they were drunk and looking for a fight or were otherwise negligent. A person who is convicted of a felony that is the cause of a person's bodily injuries is also liable for the person's attorney fees. Speak to some personal injury attorneys to see what they can do; the interview should be free.
Answered on Apr 21st, 2015 at 7:48 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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I answered this recently.
Answered on Apr 21st, 2015 at 7:07 PM
James Eugene Hasser
You don?t have a right to sue. Your son does. He will have to make that decision. In addition to the advice of the police, he may want to seek the advice of the local prosecutor as well as that of a personal injury lawyer familiar with dram shop liability cases regarding the possible liability of the bar.
Answered on Apr 21st, 2015 at 5:35 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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More facts are needed as to how the incident began. Were the others defending themselves? or was your son purely a victim? If he was a victim, he certainly has a claim against the men that battered him and possibly the bar.
Answered on Apr 21st, 2015 at 5:30 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Certainly he can cooperate with the Police and Prosecuting Attorney relative to any criminal charges. Further, if criminal charges are filed, then any uninsured wage loss or medical bills may be able to be covered in whole, or in part, by the Michigan Crime Victims Compensation Fund (note there are specific requirements of the Fund to filing a claim, including short time limits - so you would need to check into that right away). He may also file a civil suit for damages vs. the perpetrators (although it is unlikely any insurance they have will cover their actions if they had intent to injure and/or committed a crime - but they remain personally liable). It is possible, depending on the facts, that the bar may have some culpability and can be sued as well - this would require an investigation.
Answered on Apr 21st, 2015 at 5:23 PM
Business Litigation Attorney serving Irvine, CA
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Lawrence Bartels LLP
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Why would he file harassment charges, rather than a civil suit for assault and battery? If the police think that your son has continually been harassed by the person who beat him up, based on race, religion, gender, etc., then perhaps there is a point to bringing such charges, but I don't know why your son would not also seek to have the DA prosecute the assault and battery case.
Answered on Apr 21st, 2015 at 3:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is impossible to figure out from your narrative the harassment issues, however it certainly would appear that there was probably an assault and battery which will lead to both criminal and civil liability of the perpetrators unless your son instigated the altercation. If I were you I would advise him to see an attorney as soon as possible that before making any further statements to the authorities or anyone else.
Answered on Apr 21st, 2015 at 3:12 PM
Ronald A. Steinberg
There are two (2) ways to go, and I recommend both. First, file a police report and charge the creatures criminally. If they plead or are found guilty, at the sentencing, produce all the medical records and bills for the judge. If your son is not able to afford the cost of the medical expenses, etc., have him get the papers and file a claim with the Crime Victims Compensation Fund. Then, get a lawyer to sue the bar for failing to provide him with reasonably safe premises by allowing known thugs to patronize the bar; additionally, if he can prove that the thugs' consumption of alcohol contributed to the fight, and if he can prove that the thugs were provided liquor when they were OBVIOUSLY INTOXICATED, he can collect against the bar.
Answered on Apr 21st, 2015 at 3:04 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You would do best by retaining a skilled personal injury lawyer. I don't see harassment in the information you provided, but it might have happened. Assault, possibly assault causing substantial bodily harm, is a possible charge. Generally, the police will do what they judge most appropriate, and you are free to sue the attackers. Keep in mind that the kind of people who attack someone in a bar may not have much property or money with which to pay a judgment. Good Luck.
Answered on Apr 21st, 2015 at 3:03 PM
Thomas Edward Gates
The prosecutor ultimately determines the charge(s) to be filed. You need to retain a personal injury attorney to handle this matter.
Answered on Apr 21st, 2015 at 3:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First, co-operate with the police. The District Attorney will decide what charges are appropriate. Let them do so. Your son can also file a lawsuit, and the criminal charges can be used as evidence, so that will be very helpful. There is a possibility there could be an action against the bar as well. Your son needs to get a lawyer ASAP. Seriously, this is a severe injury and could be a complicated case and needs to be handled by a professional, not a do-it-yourselfer.
Answered on Apr 21st, 2015 at 3:01 PM
Sex Crime Attorney serving Salt Lake City, UT
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Jefferson and Biggs
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That is a complicated question that would require many additional facts and considerations. I suggest that you contact a local personal injury lawyer to assist you in your course of action.
Answered on Apr 21st, 2015 at 2:46 PM