If Iwas hit in the face with a beer bottle by someone while and Iwas out of state, can I sue?

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If Iwas hit in the face with a beer bottle by someone while and Iwas out of state, can I sue?

I was in another state at my father’s second home. A, now, ex-friend of mine was making fun of my old girlfriend so I made fun of his current girlfriend. He then cracked me in the face with a beer bottle. I filed a police report while I was in Illinois but had to return to Georgia. I then went to the doctor to find out that I have a hair-line fracture in my cheek bone. There were 5 witnesses and I have photos of the damage to my face the following morning. Do I have a case? How does one go about suing out of state? Do I need to file a suit with in the state where it happened with an attorney there?

Asked on November 29, 2011 under Personal Injury, Georgia

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding a potential personal injury action where you sustained injuries due to a bottle hitting your face.  In personal injury actions, you need to demonstrate that someone caused you injury and that you have compensable injuries, meaning that you have been receiving medical treatment for the injuries. 

If you wish to pursue this type of claim, you want to be certain that you retain all of your paperwork relating to this incident.  This would include receipts for any out-of-pocket expenses for medical treatment, including doctor’s appointments and prescriptions.  You will also need the contact information for any doctor that treated you for this injury.  At some point in the lawsuit the attorneys involved will exchange doctors’ reports during the discovery stage. 

Depending on each state’s guidelines, you may be able to file a lawsuit in the state where you reside or the state where the incident occurred.  If the state where you were injured requires that all personal injury actions that happen in the state to be filed in the state, then you will file in the state where you were injured.

If you will be pursuing this claim, you can contact an attorney in the state where you were injured.  You may have to travel back and forth to assist with your case, such as visiting with a doctor for the defense to examine the extent of your injuries.  You will also want to contact an attorney sooner than later so that your attorney can depose your witnesses.  As with most witnesses, their memory of the incident will get worse with time, and you will want your witnesses to be credible.  The attorney will provide you with guidance so that you will have your best attempt of being successful with your case.

 


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 AttorneyPages.com 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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