My son was assaulted in a bar. The guy that hit him was drunk and broke my son’s jaw. My son was not drinking at the time nor did my son even touch the guy after he was hit. Now my son has to have major surgery Friday to repair this injury to his jaw.
I want to know what the drunk guy will be charged with and what does he have to pay for? Is the bar responsible for any of this?
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.
Hopefully the police were called and the man was arrested. He should be charged with assault. There are many classifications of assault, and each state has a variation on each type.
From the facts you present the assault sounds like a misdemeanor. If the attacker used a beer bottle, or beer mug, or some other instrument of brutality he would more likely have been charged with felony assault.
Either way the attacker is liable for your son’s injuries and the resultant medical bills. He may also be responsible for his out of pocket expenses such as prescription and over the counter medications, his lost wages during the recovery time, and an additional amount for his pain and suffering.
The bar may also be liable as well.
There are laws commonly referred to as “Dramshop” laws. They hold places which serve alcohol to a higher standard of protection of its patrons than establsihments which do not.
Although some criminal cases don’t require the assistance of a personal injury attorney, this is a case which seems to cry out for one. Most personal injury attorneys do not charge for initial office consultations. Speaking with several of them will help you make the correct decision.
Learn more here: Liability in Bar Fights
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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