What are my rights if I was punched in the nose while breaking up a verbal spat between my friend and her boyfriend, who were both intoxicated?

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What are my rights if I was punched in the nose while breaking up a verbal spat between my friend and her boyfriend, who were both intoxicated?

I called 911 and ended up with X-rays stating I have a broken nose. He was arrested on site. My friend called stating she was so intoxicated and remembers nothing. He told her that I jumped him from behind and that is why I hit him. I have my police report (which states that he hit a female with his elbow) and my medical report (that states I have a broken nose) and a picture of my swollen nose. I did not attack, sneak up behind him or anything. I was only asking him to leave. Do I need to be overly concerned as I am the victim with my documentation and that he was arrested on site?

Asked on January 2, 2013 under Personal Injury, North Carolina

Answers:

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

Answered 8 years ago | Contributor

You can sue your friend's boyfriend for assault and battery for your broken nose.  Assault is intentionally placing one in apprehension of an immediate battery.  Assault does not require any physical contact; only the apprehension of immediate physical contact. Battery is the actual physical contact.  Battery is the harmful or offensive touching of the person of another without consent or legal privilege.  Voluntary intoxication is not a defense to assault or battery.

Assault and battery are both civil (lawsuit) and criminal.  You can pursue criminal charges through the police and this is separate from your civil case (lawsuit) for assault and battery.

When you complete your medical treatment, obtain your medical bills, medical reports, and if applicable, documentation of any wage loss.  Your damages (the amount of compensation you are seeking in your lawsuit for assault and battery) will be determined by these items.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.


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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