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.
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ANSWER for "Assaulted at an Auto Shop...":
Chuck (Bucks, PA):
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 an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.