Visitor Question

Suing for Fractured Wrist After Getting Thrown Out of a Nightclub for No Reason?

Submitted By: John (Knoxville, TN)

I was intending to meet a friend for a drink at a nightclub but was waiting for him to show before ordering a drink. I was asked to leave by a bouncer even though I was alone and bothering no one. I asked questions why, as I was mystified as to why I was being asked to leave a place I patronized frequently without incident.

The bouncer lost his patience with me apparently because I found myself being picked up and thrown several feet to the outside concrete sidewalk. I suffered multiple fractures in my wrist.

I sought counsel the next day immediately after the incident. After one year the attorney told me he was unable to discover the bouncer’s name and that because I have state sponsored insurance I am obligated to repay the state out of my award (the implication being it might not be worth the effort to sue).

I am now slightly but permanently deformed and frequently in some pain as a result of my attack. I estimate based on what my surgeon and physician told me that my insurance paid at least $35,000 for my emergency care, surgery and ongoing medical care.

Should a person sue if injured by a nightclub employee, even if state insurance paid for most medical expenses? What can I do to hold the bouncer and nightclub responsible for what happened to me? Thanks for any information you can give.

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 John,

It is our policy at Injury-Settlement-Guide.com not to interfere with the attorney client relationship. For specific answers to your questions contact your attorney.

Generally speaking, a person who suffered similar injuries as a result of a similar set of circumstances would have a right to pursue a claim against:

– The Bouncer

– The Manager of the Nightclub, and

– The Owner of the Nightclub

If the police were dispatched to the disturbance they would have created a police report. That report would be a valuable piece of evidence. The police would have interviewed witnesses to the incident. The written statements of those witnesses would also be quite helpful.

If, after reimbursing the state the settlement amount would not be sufficient to cover the reimbursement to the insurance company and compensate you for your pain and suffering, there would be little incentive to proceed.

You also have the right to seek a second legal opinion from another attorney. You may find an attorney who believes pursuing your claim will result in enough of a settlement to make it worth her time and yours.

Finally, you failed to mention the specific reason why you were forcefully removed from the nightclub. The bouncer must have had some reason for his actions, even if you believe the reason was unjust. If his reasons were legitimate those reasons will have some effect on your claim.

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 11, 2012

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