Can I file a Civil Personal Injury Lawsuit for suffering injuries from being involved in a physical fight where I was attacked?
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I was injured in a fight in California and incurred several thousands dollars in medical bills. Is it possible for me to sue the person responsible to pay for my bills? What if they do not respond?
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Absolutely. Although most people assume that once a criminal complaint is filed and finished that their case is over, an individual can still sue in civil court to recoup damages. Typically, in the civil court the complaint will allege some tort action, such as assault or battery, negligence, or intentional infliction of emotional harm, and sue for damages based on loss wages, medical expenses, and pain and suffering at the minimum.
Seeing thru these type of lawsuits are just like any other civil suit—if the person who harmed you does not answer your complaint or show up for court, you can seek a default judgment against them in an amount you can prove at court. Although this “paper judgment” often leaves plaintiffs dissatisfied, it is nevertheless in an important step in attempting to recover expenses from the injury. With a default judgment in hand, a plaintiff can seek to levy the bank accounts or assets of the defendant.
It is important to speak with an experienced personal injury attorney to best assess your claim and determine what the proper course of action is for you.
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Posted by Bert Gonzalez on 22 Jan 2010
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