Can I sue someone for hitting me over the head with a boat paddle which caused a concussion and lacerations to my scalp?

UPDATED: Sep 30, 2022

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Can I sue someone for hitting me over the head with a boat paddle which caused a concussion and lacerations to my scalp?

I’m a college student and was walking home from the bar one night. When I got to my apartment complex, I noticed a few guys standing by my truck and yelling. I approached them and told one of them to quit leaning on my truck and they got loud and surrounded me. I felt threatened and punched the guy leaning on my truck after telling him to quit touching my property. About 2-4 people then jumped me and I fell to the ground and instantly started to get hit or kicked in the back of the head. The next thing I know I get hit over the head with an object knocking me out. I was laying in my apartment parking lot knocked out and bleeding from my head. Thankfully my roommate was home and went to go look for me after I didn’t come home. That was when he found me face down in the parking lot bleeding. I ended up missing a bunch of college classes because I had a mild traumatic brain injury as stated by the doctor’s report. I wasn’t allowed to go to school for 2 weeks and I’m still recovering cognitively. These events caused me to have to drop some courses with no reimbursement. I only found out who did it after the person who hit me with the wood boat paddle came back to our apartment complex a few weeks later. One of my neighbors had a bunch of friends over and my and my friends were outside and we were all just talking when he started bragging about the incident. There were 8-10 people who witnessed him admit this to me and run off after he found out that he was talking to the person he struck. I have his full name and he is also a student at the university. Im going to file my police report in the next couple days, but I want some legal advise before doing so. I’m wondering if this is a case worth pursuing as it has caused me a bunch of problems and has cost my parents a lot of money between school and the hospital bills.

Asked on November 4, 2016 under Personal Injury, Kansas


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

Answered 6 years ago | Contributor

You can sue your attacker(s) for assault and battery.
Assault and battery are both civil (lawsuit) and criminal.  The civil and criminal cases proceed independently.
With regard to the civil case, your damages (monetary compensation you are seeking in your lawsuit) should include compensation for the medical bills, compensation for pain and suffering (an amount in addition to the medical bills based on the medical reports which document the nature and extent of your injury), lost tuition, and punitive damages (a substantial amount to punish the attacker(s)) for his/their intentional wrongful acts.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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