I was assaulted by my landlord after the state came in and found that the apartment I was renting for 2 years was an illegal residence. During the assault he grabbed my key chain that was around my neck and got into his car and dragged me down the street (in turn my neck was broken). Then I was given 15 minutes to remove my belongings from the apartment.
The case is currently in court. This man is only offering me $10,000. I don’t feel that it’s sufficient. So I wanted to know if an injury sustained in this manner is worth more than that? Is there anything more offered because of the vicious nature of the assault and my resulting injuries?
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.
From the facts you present it doesn’t appear you are represented by an attorney. If you are you should heed her advice and counsel. If you are not represented by counsel then the amount of the settlement will depend on various factors.
They are as follows:
1.The nature and severity of your injuries;
2.The type of injuries;
3.The medical costs to treat your injuries now;
4.The medical costs to treat your injuries in the future;
5.Your out of pocket expenses such as prescription and over the counter medications, hospital parking fees, and the like;
6.Your lost wages;
7.Your pain and suffering; and
8.Any punitive damages
Once you have added the amounts set out in number 1 through 6 above it will then be up to a judge or a jury to decide what additional amounts you may be awarded for your pain and suffering and what amount, if any, you may be awarded as “punitive damages”.
Punitive damages are normally compensation for the malicious or reckless conduct of a person.
Both the amounts of pain and suffering and punitive damage are subjective. Therefore determining their amounts is strictly up to the judge or jury.
Learn more here: Felony Assault & Battery Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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