What’s the best way to get compensation for medical bills after having been assaulted physically by someone?

There was no police report made because I was promised my medical bills would be paid for the day it took place. Verbal requests for payment have been made. Payment has been promised but not seen yet and medical bills are Past Due

Asked on September 1, 2011 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assault and battery are both civil (lawsuit) and criminal matters.  The lawsuit is separate from the criminal charges. 

Assault is intentiionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Assault does not require physical contact.  Battery is the physical contact.

Battery is the harmful or offensive touching of the person of another without consent or legal privilege. 

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  You will need to sue the person who assaulted you.  Your lawsuit should include a cause of action( claim) for assault and a separate cause of action (claim) for battery.

Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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