Visitor Question

Can I sue my ex boyfriend for medical expenses after he assualted me?

Submitted By: Jessica (Manalapan, NJ)

My ex boyfriend strangled me and pushed me into a hard wall right after I had a revision of a micro-discectomy on the L4-S1 disc in my back. The police said he will be charged with aggravated assault because he caused the disc to rupture (and now I need to have the disc fused).

The incident was in July of 2010, but the police officer said with aggravated assault there is no statute of limitation. They also have a 911 call on file for that day.

We have recently broken up and I want to sue him for the past year and half of medical visits and medication, which I have to take until I can have my fusion done in May. Is any of that possible? What should I do? Thanks for any info.

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 Jessica,

You certainly have a legal right to pursue a claim against your ex-boyfriend. The first question you may want to ask yourself is if it will be worth it. What we mean is, does your ex boyfriend have enough assets to make going through a lawsuit worth the effort?

If he doesn’t and you still decide to file a lawsuit against him you may be setting yourself up for a round of oppressive and possibly traumatic testimony.

Whether he has enough assets to make it worth your while or not, you must know if you do sue him you may have to go through a civil trial. If he retains an attorney and fights the case you will most likely have to re-live the assault and trauma surrounding the event.

If he does have substantial assets you might consider retaining a personal injury attorney to pursue the case for you. Most personal injury attorneys will not charge any fee for an initial office consultation.

Once you visit with several you will be in a much better position to decide whether you want to go through with the lawsuit or not.

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: January 9, 2012

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