Someone Broke My Nose In a Fight, Can I Sue Them?
A good personal injury lawyer can help you recover monetary damages if someone physically assaults you. Even if criminal assault and battery charges are not being pressed against the accused assailant, you can still sue the perpetrator in a civil court of law.
What a Personal Injury Lawyer Does For You
The process of recovering substantial damages for an assault and battery begins with hiring a personal injury lawyer. If the case is very simple, you may be able to handle the proceedings yourself in a small claims court. But if there are any doubts whatsoever, securing the services of a personal injury lawyer to seek damages from the assailant in a higher civil court is your best bet.
When you consult with a lawyer, he or she will ask you a number of questions about the incident. Your personal injury lawyer will also ask you questions about your medical history, including asking for contact information for your doctor to obtain your medical records.
While it’s possible that your case will be settled out of court, your lawyer wants to prepare for the possibility of a trial. If it happens that your case goes to trial, your legal team be in a strong position to represent you the best that they can.
Personal injury claims must be brought on within a specified period of time. This time period varies by state, but is often up to around three years. Don't let this lull you into a state of complacency. If you have been assaulted, contact a personal injury lawyer as soon as you can. This will help you avoid any possible rushing and subsequent negligence trying to meet deadlines.
The legal process then moves on to three final stages:
Discovery - This is the stage where, after the defendant is made aware that they are being sued, the personal injury lawyers on both sides will begin requesting documents from the other side. Be prepared for a fight. This stage could take months or even years.
Settlement negotiations - It is preferable for most people to end the proceedings with a negotiated settlement between both parties. If the defendant accepts responsibility for his or her actions, it’s just a matter of bother personal injury lawyers to hash out the details of a settlement. But if the defendant sticks to a stance of innocence, your next step is a trial.
Trial - Nobody wants to go to trial. But if the defendant is stubbornly holding to their claim of innocence, it is an inevitability if you want to see any sort of restitution for your assault. Once the trial is finished, a judgment is handed down by the court. If you have won, but the defendant has been negligent in following through on their legal obligations, you and your personal injury lawyer will have to take further steps to enforce the judgment.