Visitor Question

Fractured Jaw from Assault at a New Year’s Eve Party…

Submitted By: Joseph (Hannibal, NY, USA)

I was at a New Year’s Eve party when I was assaulted. I got drunk and spilled some beer and got kicked out. Upon me leaving this kid sidelined me and fractured my jaw. I never hit anybody or do any physical harm to anyone.

I now have my mouth wired shut and have to sip out of a straw. The kid that hit me doesn’t live at the residence where the incident happened. I happen to know he is American Indian and collects checks every 4 months for about $4,000 dollars from the casino.

I have lots of medical bills not to mention the pain and discomfort of having my jaw wired shut. I’m wondering how I can sue this guy for assaulting me and breaking my jaw?

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.


Dear Joseph,

The ethnicity of the person you believed assaulted you is irrelevant, as is the amount of money he receives from the casino. Although you may have been assaulted, the circumstances of your assault will play into the possibility of a successful lawsuit or attempted personal injury settlement. The entirety of the facts surrounding the assault are very important.

– When the assault occurred were the police called?

– Was the person who assaulted you arrested?

– Did the bar owner or manager make a report of the incident?

– Were you immediately, or soon after the assault, taken to either the hospital or a local medical clinic?

All of the above are important matters which are relevant in your case.

In addition, your self-intoxication will be a factor in the possibility of any successful pursuit of a legal claim against the person who assaulted you. Because you voluntarily consumed enough alcohol to become intoxicated, your judgment and actions in possibly causing the assault will be in contention.

You have nothing to lose by attempting to recover your damages. To do so you will have to file a lawsuit against the person who assaulted you. You won’t have much of a case against the bar because they asked you to leave when they believed you were intoxicated.

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 3, 2012

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