What are my rights if I was seriously injured exiting a night club the other night?
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What are my rights if I was seriously injured exiting a night club the other night?
As I was leaving a random individual pushed me in the back; while I was falling, one of his friends pushed my head into the concrete. I was knocked out, cracked 4 teeth and my face was scratched and bruised. I didn’t know the people nor had I exchanged any words with them. As far as I can tell it was a random act of violence. I was wondering if I had any grounds for a lawsuit against the club for me getting injured on their property.
Asked on May 27, 2014 under Personal Injury, Hawaii
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue the club for negligence; however, prior to filing your lawsuit it may be possible to settle the case with the club's insurance carrier. Contact the club to obtain the name, address and telephone number of its insurance carrier. Notify the club and its insurance carrier that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.
Your personal injury claim filed with the club's insurance carrier should include these items. Compensation for the medical bills 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, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the club's insurance carrier, NO lawsuit is filed against the club. If you are dissatisfied with settlement offers from the club's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the club. If the case is NOT settled with the club's insurance carrier, your lawsuit against the club must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If the individuals who pushed you and caused your injuries are identified or apprehended by the police, you can file criminal charges against them for assault and battery. Assault and battery are both civil (lawsuit) and criminal. The civil and criminal cases are separate matters. You can sue them for assault and battery. Your damages (monetary compensation you are seeking in your lawsuit) would be compensation for your medical bills, pain and suffering, and wage loss. You can also seek punitive damages (a substantial amount to punish them for the intentional, wrongful, malicious acts of assault and battery).
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