Visitor Question

Assaulted at an Auto Shop…

Submitted By: Chuck (Bucks, PA)

I took a car to a shop for break repair. I was given my car back with the same old break pads on and was charged $100 bucks. I initially paid for the service and left without noticing what they had done, but when I took the car home I saw the same old break pads.

I texted the guy and he freaked and told me he was going to kick my ass. I had a motor in his shop and he told me he was throwing it in the street. I went to the shop to discuss the issue and when I stepped out of my truck the guy charged me. He hit me with something and I was out cold for half an hour.

When I came to, my cheek was split wide open, my front tooth was broken, my nose was bleeding and my chest had been kicked and was all black and blue. The cops all took pictures the day it happened. I just wanted to get help. What can I do? Can I sue the guy and the shop? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Chuck,

You can certainly sue the man who assaulted you. You can sue him for your medical bills, and for the pain and suffering you endured as a result of the assault. Make sure you keep the photographs of your injuries.

You need to secure a copy of the police report.

If there were any witnesses you need to get their names as well. Once you have secured those items you will be in a position to begin legal action against the man who assaulted you.

To initiate the process you will have to either retain an attorney or file the claim pro se (on your own) in Small Claims Court. Pennsylvania has one of the highest Small Claims limits in the country. That amount is $10,000.00 dollars. Under other circumstances you might have been able to negotiate a settlement with the man’s insurance company. It is obvious in this case that would be impossible.

If you think you might need some legal advice you can always contact a personal injury attorney. Most do not charge for an initial office consultation.

Once there you will be in a better position to decide whether you want to go pro se, or have the attorney represent you on a contingency fee basis. A contingent fee basis means the attorney will not charge you any amount unless, and until she either secures a satisfactory settlement, or wins the case in court.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 7, 2011

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One thought on “Assaulted at an Auto Shop…

  1. What happened here was probably both an assault and a battery. A battery is “any willful and unlawful use of force or violence upon the person of another.” A battery is when actual unlawful force is used – such as pushing someone down.

    Depending on what really happened to get this guy mad at you, you might be able to get this guy arrested and maybe get compensation for your injuries.

    Talk to a lawyer, explain what happened. You never know.

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