DoI have a lawsuit if a bouncer pushed me for no reason andI was injured?

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DoI have a lawsuit if a bouncer pushed me for no reason andI was injured?

I was outside a club that is 18 and up. As I was leaving a bouncer pushed me for no apparent reason. My head hit a brick wall and I was knocked out and had to go to the hospital. I received 7 staples. I don’t remember anything but from what my friends have told me, I was doing nothing at all and he pushed me for no reason. Should I speak with a personal injury attorney? In Kent County, DE.

Asked on November 12, 2010 under Personal Injury, Delaware

Answers:

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

Answered 10 years ago | Contributor

You could sue the bouncer for assault and battery.  Assault is intentionally placing you in reasonable apprehension of an immediate battery without consent or privilege.  Battery is the harmful or offensive touching of another without consent or privilege.    Assault does not require physical contact; just fear of immediate physical contact ( being struck).  Battery is the harmful or offensive physical contact when you were pushed.   Assault and battery are both civil and criminal matters.  In addition to your civil suit, you could contact the police to press criminal charges against the bouncer.

In your civil suit, your damages (the amount you are seeking to recover) would be your medical bills and compensation for pain and suffering, and any wage loss due to your injury.  Compensation for pain and suffering is an amount in addition to your medical bills.  Compensation for your medical bills and wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.

In your civil suit against the bouncer, your claims are based on assault and battery which would each be separate causes of action (claims).  In addition to the bouncer, your civil suit should also name the club as a defendant.  Your cause of action (claim) against the club would be for negligence (negligent hiring or negligent supervision of the bouncer).  The club as the employer of the bouncer is liable for the negligence of its employee which occurred during the course and scope of employment.   You will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter. 

It would be advisable to speak with a personal injury attorney.


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