One of the most common questions our personal injury attorneys get asked is if you can sue someone for punching you. With several restaurants and bars opening up after the covid-19 pandemic lockdown, many have reported a large number of bar fights, especially in Los Angeles. Unfortunately, many bars experience heated situations that result in violence. There are two common types of scenarios, one occurs when two people are engaging in violent actions towards each other, and the other is when one person hits and punches another.
It is important to understand just what type of situation could lead to a party having a legal claim against another. A party may not always have a valid claim against another, that is why it is very important to hire an experienced personal injury attorney in Los Angeles to pursue your claims for you. Our attorneys will determine if you have a valid legal claim against the other party at our no risk, free consultations. At the consultation, we will ask a series of questions to understand the evidence regarding your case. This includes parties involved, where the accident occurred, what the other party did, and the injuries you sustained.
Our attorneys understand that each case Is different from one another, and will require individualized attention. Our personal injury attorneys treat each case on an individualized basis, unlike other personal injury law firms. Other law firms may approach your case with a simple clear cut generic answer that they use for a majority of their cases. We understand that it is difficult to go through such a traumatic experience, therefore we offer our individualized attention and concern for each case we take on.
Can You Sue Someone for Hitting You?
This question can depend on a variety of factors, and several different legal standards that must be met in order to be able to bring a claim against the other party for punching you. The straightforward answer is yes, you could potentially sue anyone. However, you want to make sure that your lawsuit is well-developed and backed up with strong evidence. When someone hits you, they could be liable for battery and / or assault. These are the legal terms used for lawsuits.
What If I Punched Them Back?
In certain cases, it could be very difficult to prove that you deserve damages and have a claim for battery against the other party. Although it is very easy to file a lawsuit against the other party who punched you, if you initiated the fight, and the other person punched you in self-defense, it would be very difficult in proving your damages. You would have a very hard time proving that the other party is liable instead of you.
Self-defense is a defense that the other party, such as the defendant, could raise when a battery claim is brought against them. The defendant would have to show that they had a reasonable belief they were under an immediate threat of injury, and they use reasonable force to deter such a threat. If the defendant has a valid claim for self-defense, it would be very difficult to file a claim against the other party for punching you.
However, if the defendant engaged in extreme behavior, such as pulling out a gun and shooting you, you could argue that they went beyond the scope of what they reasonably could use. Therefore, the self-defense theory that the defendant raises would not apply, and you could have a valid claim against them. To determine if you have a valid claim against the defendant, and if the defendant could raise a self-defense claim against you in your lawsuit, contact our attorneys today. This could seem very complex, and so it is important to hire an experienced battery attorney to pursue your claims for you.
How Much Can You Sue for Getting Punched?
Usually, plaintiffs who have been punched and have a valid claim against the other party for battery and / or assault could recover damages for their medical bills, along with non-economic damages such as emotional distress when dealing with their injuries. This depends on the severity of the injury. For example, if someone was punched and they sustained internal damages that has now resulted in kidney failure, they have a valid claim against the other party for all their medical bills and treatment for the kidney failure.
How Much Can You Sue for if Someone Punches You?
There are several different factors that our attorneys look into when determining if you could collect damages from a punch. Oftentimes, we have seen that it is very tough to prove damages for a simple punch. Our attorneys look at a variety of different factors to determine if you have a valid claim for damages. Some factors include:
- The severity of the injury
- Whether plaintiff got treatment for the injury
- The cost of medical bills
- Whether the defendant had insurance
- Where the incident occurred
- Whether there was other personal property damage, such as a smashed windshield of a car
If you do not have the majority of these factors, it would be very difficult to prove a case for damages if you have been punched. However, it could still be very possible for you to bring a claim against the defendant in a small claims court. To determine if your claim qualifies to be brought under small claims courts, contact our attorneys today.
Is it Legal to Punch Someone?
In certain circumstances, California makes it legal to punch someone. For example, it is legal to punch someone when there is consensual fighting in sports. This occurs in sports such as boxing. While playing the game of boxing, all fighters are assuming the risk that they will be punched and possibly injured from a punch. Assumption of risk is the legal defense that prevents anybody from collecting damages against the other party for sustaining a punch while playing extreme dangerous sports such as boxing. There is a certain level of risk that accompanies such a dangerous sport.
Another example of a dangerous sport could be ice hockey. In ice hockey, many players are consenting to getting hit by the hockey puck. It is understood that the hockey puck will be pushed from one side of the rink to the other, and in the midst, it could wind up hitting another player and injuring them. Many players cannot bring a claim for injury since being hit is just part of the game.
What if the Other Party Does Not Have Insurance?
If the other party who punched you does not have insurance, there may not be a large recovery. After getting punched, it is important to get information from the defendant. This includes the defendant’s insurance information and driver’s license information. It is also important to gather any witness information that could potentially strengthen your case.
Contact our experienced team of personal injury attorneys at Heidari Law Group today for a free case evaluation.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.