Visitor Question

Fractured Knee from Assault…

Submitted By: Anonymous (USA)

I got assaulted by 1 guy and then 2 more guys jumped in and beat me up. After that, in addition to the bruises and other minor injuries I received, my knee wasn’t functioning correctly. I went to the doctor who told me I had a broken knee.

I’m just wondering if I can file a lawsuit against these guys for fracturing my knee? How do I do it? 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 Anonymous,

Yes you can file a personal injury lawsuit against the men who assaulted you. We also recommend you file criminal charges against those men for assault with your local Police Department.

If at or near the time of your assault the Police were dispatched and a Police Report was made, you will be able to determine the names and addresses of all of the men, and any witnesses who may have given their statements to the police.

If the Police were not dispatched you still have the same rights to pursue these men. You’ll just have to do some more research to get their names and addresses and those of any witnesses to the assault. Once you have the identifying information, you can proceed to your local Small Claims Court.

From the facts you present we’re unable to determine which state you are in. Each state has its own limits on the amount you can sue for in Small Claims Court. We suggest you find out the limits. Once you know them you can file suit for the medical bills you sustained, and an additional amount for pain and suffering.

Again, each state is different. Some allow a person to add on an additional amount in their lawsuit for pain and suffering or mental anguish, and others will not.

To gain maximum effect we suggest you sue each person individually. That way you will be able to have access to the highest amount allowed, and can do it in every case you file.

If the defendants ignore the lawsuit, or fail to show up, the court may grant you a default judgment against them. That judgment, once filed, normally earns interest at the going rate of about 10%. Over time that adds up.

Eventually one of the men will want to purchase a home or will make some other credit request. When that happens your judgment will show up. Hopefully that will help you to finally get paid for the assault they perpetrated upon you.

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: August 19, 2011

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