If my jaw was broken by my neighbor, what’s my recourse against him?

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If my jaw was broken by my neighbor, what’s my recourse against him?

They told the police I was harassing, which I was not, so the police issued me with harassment and would not file charges against my neighbor for braking my jaw. Can I file a TRO?

Asked on February 24, 2015 under Criminal Law, Colorado


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

Answered 9 years ago | Contributor

You can file a temporary restraining order as you mentioned, but it would also be advisable to file a lawsuit for assault and battery against your neighbor.

Assault and battery are both criminal and civil (lawsuit).  Although the police refused to file criminal charges against your neighbor, your civil case (lawsuit) for assault and battery is a separate matter which you can pursue.

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.

Your damages (the amount of compensation you are seeking in your lawsuit for assault and battery) should include your medical bills, pain and suffering, and wage loss.

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.

You should also consider seeking punitive damages (a substantial amount of monetary compensation to punish your neighbor's wrongful and malicious action in breaking your jaw).

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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