What to do about being attacked by a Wendy’s employee?.

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What to do about being attacked by a Wendy’s employee?.

Monday morning around 430 I decided to
stop by Wendys to grab some food… I
pulled up to speaker asking what they
were selling at the moment… She
replied with fries and the rest of her
words I could not hear.. I said can you
repeat that again n she got loud and
stated look I said it three times what
your dumb ass can not hear so I said
what bitch. My aunt was like you need
to go in and speak with the manager.
Before we parked I’m assuming that the
girl who was over the speaker was the
one hanging out the drive thru window
cursing and stuff. My aunt then parked
the car and we went inside. Before I
could even speak to the manager the
female was already at the front counter
we exchanged words and before you know
it she took her headset off and came
from around the counter and attacked
me. My thing is DeKalb police was
standing right there two of them. They
arrested her after the right was over
but why couldn’t they grab her before
she attacked me because they heard us
going back and forth. This female bit
me I’m suffering from headaches because
my head hit the floor really hard. My
elbow is bruised. What legal actions do
I need to take signed confused

Asked on March 15, 2017 under Personal Injury, Georgia

Answers:

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

Answered 4 years ago | Contributor

You can sue your attacker for assault and battery.  You can also file criminal charges against your attacker for assault and battery.  The civil and criminal cases are separate and proceed independently.
Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Assault does not require any physical contact.
Battery is the actual physical contact.  Battery is the harmful or offensive touching of another without consent or legal privilege.
Since assault and battery are intentional acts, the employer (fast food chain) will raise this defense and claim to not be liable; however, the employer is liable for negligent hiring.
You would file one lawsuit against the attacker and employer; the attacker would be sued for assault and battery.  The employer would be sued for negligent hiring.
Your damages (monetary compensation you are seeking in your lawsuit) would include the medical bills, pain and suffering (an amount in addition to the medical bills based on the medical report(s), and wage loss.
Before filing your lawsuit, in order to have the total bills, medical reports and total wage loss,It would be advisable to wait until 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.
You should also seek punitive damages against your attacker.  Punitive damages are a substantial amount to punish your attacker's intentional, wrongful acts of assault and battery.
As for why the police didn't intervene sooner, they were waiting until acts occurred which would support criminal charges.  A loud argument standing alone would not be sufficient for criminal charges.
If your case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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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